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(영문) 대구지방법원경주지원 2020.08.07 2019고단798

도로교통법위반(음주운전)등

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1. The defendant shall be punished by imprisonment with prison labor for a period of one year and two months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 18, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the Daegu District Court racing support on June 18, 2019, and on May 10, 2012, the Defendant was issued a summary order of KRW 4 million as a fine for the same crime.

【Criminal Facts】

On February 4, 2015, at around 00:10, the Defendant driven a rocketing car with approximately 1km alcohol concentration of about 0.087% under the influence of alcohol without obtaining a driver’s license.

Accordingly, the defendant, who violated the Road Traffic Act prohibition regulations on drinking without obtaining a driver's license at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above prohibition regulations on drinking driving.

On June 18, 2008, the Defendant was sentenced to a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in Daegu District Court and its racing support on June 18, 2008; on May 10, 2012, the same court issued a summary order of KRW 4 million as a fine for the same crime; on December 31, 2019, the Defendant was indicted for a violation of the Road Traffic Act (driving) and is still pending trial.

【Criminal Facts】

1. On June 23, 2020, the Defendant driven a H GH50H 49c occ under the influence of alcohol without obtaining a motorcycle driver’s license from around 05:47 on June 23, 2020 to about 1.8km section from the Defendant’s residence to the front of the G G, the Defendant driven a hH50H 49c occ under the influence of alcohol without obtaining a motorcycle driver’s license.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and simultaneously drive a motorcycle without obtaining a driver's license.

2. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the limits of his/her sojourn status and sojourn period.

Nevertheless, the Defendant, on June 30, 2013, whose period of sojourn expires.