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(영문) 서울남부지방법원 2020.12.24 2019고단4691

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 On November 21, 2016, the Defendant was issued a summary order of a fine of three million won by a Incheon District Court for a violation of the Road Traffic Act. On August 10, 2017, the same court was sentenced to a suspended sentence of two years in the month of imprisonment for a violation of the Road Traffic Act.

In addition, on August 26, 2020, the defendant was sentenced to imprisonment with prison labor for a crime of violation of the Road Traffic Act (driving) and violation of the Road Traffic Act (Free Driver's License) at the District Court of Jung-gu District on August 26, 202, and the judgment became final and conclusive on November 13,

【Criminal Facts】

1. On June 17, 2019, the Defendant driven a D motorcycle at approximately 500 meters from the roads in the vicinity of Gangseo-gu Seoul Metropolitan Government Btel to the roads in front of the same Gu, without a driver’s license, while under the influence of alcohol at around 15:50% of alcohol level, around June 15, 2019.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking, and has driven a motorcycle without a driver's license.

2. No driver of any motor vehicle that violates the Road Traffic Act shall threaten or endanger any other person, or cause any danger to traffic, by consecutively committing two or more acts from among such acts as violation of signal or instruction, keeping a safe distance, violation of prohibition of change of course, violation of prohibition of rapid restraint, overtaking method, violation of prohibition of interference with overtaking, etc., or by continuing or repeatedly committing one act;

Nevertheless, the Defendant, at the same time and place as in paragraph (1), has run the above motorcycle and run it twice a year, and has violated the signal, and has violated the signal or direction, or has violated the prohibition of change in course due to the act of driving it in contravention of the central line, etc., and the flaping of the path in accordance with the new subparagraph has obstructed, or has the other vehicles drive the above motorcycle or drive it at a speed.

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