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(영문) 대구지방법원 서부지원 2020.01.21 2018고단3641

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In August 23, 2018, the Defendant driven a Fmerat (MEGJET) 125 cc. (MEGJET) under the influence of alcohol with approximately 300 meters at approximately 0.211% of alcohol content while under the influence of alcohol without a license for a motor bicycle at the convenience store in Daegu-gu C, Seo-gu, Daegu-gu, to E in front of the same Gu E in the same Gu.

On October 31, 2011, the Defendant issued a summary order of KRW 1,50,000,000 as a charge of violating the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch Branch Office of the Daegu District Court on October 31, 201, and on December 12, 2018, a summary indictment was filed with the same court for the same offense and was submitted to formal trial.

【Criminal Facts】

On December 16, 2019, at around 16:35, the Defendant driven Gmera (MEGJET) in the state of alcohol 0.072% under the influence of alcohol without obtaining a motorcycle driver’s license from the front of the mutual influoral convenience store located in the merchants of the Seo-gu Incheon Metropolitan City, Seo-gu to the front road of the same Gu in front of the mountain circulation of about 300 meters from the front of the same Gu to the front road of the village of the 130th century.

As a result, the defendant was driving at least twice, and also driving without a license.

Summary of Evidence

"2018 Highest 3641"

1. Defendant's legal statement;

1. The police statement of H;

1. A report on the occurrence of a traffic accident, a report on actual condition, a report on the control of drinking driving, an inquiry into the results thereof, and a report on the actual state of drinking drivers;

1. The ledger of driver's licenses, details of the revocation and disposition of driver's licenses, and the disqualifications of the main office "2019 High-class3742";

1. Defendant's legal statement;

1. Report on detection of any suspect in violation of the Road Traffic Act (driving, driving without a license), notification on the results of the control of drinking driving, report on the state of drinking drivers, and report on the results of the control of drinking driving;

1. A driver's license ledger and a disqualified inspection report of the main office;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (report on the results of confirmation before disposition), investigation reports (reports attached to summary orders, etc.);

1. Articles 148-2(2)1 and 44 of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018) regarding criminal facts.