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(영문) 대구지방법원 경주지원 2020.02.05 2019고단570

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 24, 2017, the Defendant was sentenced to a fine of 4 million won due to a violation of the Road Traffic Act, etc. at the Sung-nam branch of Suwon District Court on February 24, 2017. On November 30, 2017, the Defendant was sentenced to a suspended sentence of 2 years due to a violation of the Road Traffic Act (driving) from the same support on November 30, 2017 and the judgment became final and conclusive on December 8, 2017.

1. Around 05:20 on December 10, 2017, the Defendant driven a D car without obtaining a driver’s license in the state of alcohol alcohol concentration of approximately 0.124% from the 2km section from the infest area of Suwon-si, Suwon-si, to the front road of the Cryp in Suwon-si, Suwon-si, Suwon-si, without obtaining a driver’s license for the vehicle under the influence of alcohol content of about 0.124%.

As a result, the defendant, who violated the Road Traffic Act prohibition regulations on drinking driving more than twice, has driven a motor vehicle without obtaining a driver's license in the state of drunk driving in violation of the above prohibition regulations.

2. At around 07:30 on June 9, 2019, the Defendant driven a HK5 vehicle without obtaining a driver’s license with a blood alcohol concentration of about 80 meters from the section of approximately 00 meters from the road near Seocho-gu Seoul Metropolitan Government E to the front road of the G principal road located in the same Gu F to the G principal road of the Gu.

As a result, the Defendant again driven a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of the Road Traffic Act, even though the Defendant violated the Road Traffic Act two times.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of each driver and the register of driver's licenses of each motor vehicle;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Formal concurrences.