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(영문) 대구지방법원 영덕지원 2016.10.21 2016고단173

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On July 20, 2016, the Defendant received a summary order of seven million won of a fine for a violation of the Road Traffic Act from the Daegu District Court’s Young-gu District Court’s territorial branch on July 20, 2016, and a summary order of seven million won of a fine for the same crime from the gender support of the Daegu District Court on August 31, 2016, respectively.

1. On July 23, 2016, the Defendant was found to have been able to drive under the influence of alcohol more than twice as seen above, and again, the Defendant driven Epoter cargo under the influence of alcohol for about 0.352% of the blood alcohol concentration without obtaining a driver’s license from the front side of the Defendant’s residence located in Chungcheongnam-gun of the Gyeongbuk-gun around 11:00 on July 23, 2016 to D, without obtaining a driver’s license.

2. On July 24, 2016, at around 12:46, the Defendant driven E-Poter truck without obtaining a driver’s license in a section of about 8 km from the front of the Defendant’s residence to the same military entrance car of the same Gun from the road before the Defendant’s residence.

Summary of Evidence

[1] Paragraph (1) of this Article at the time of making a statement by the police to F of the defendant's legal statement, report on the occurrence of traffic accident, notification of the result of the influence of alcohol driving control, report on the actual situation of the driver's license, report on the actual situation, photo of accident site, vehicle driver's license register, and previous records in the judgment of the next time: investigation report (Attachment to previous records and written judgments), inquiry report (Paragraph (2) of the defendant's report on the occurrence of traffic accident at the time of making a statement, investigation report on the actual situation of traffic accident, on-site photo, vehicle driver's license register, applicable law for the criminal facts applicable to the Acts and subordinate statutes of the next time, Articles 148-2 (1) 1 and 44 (1) of the Private Road Traffic Act) of the Road Traffic Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the operation without a license), Articles 40 and 50 of the Criminal Act (the operation without a license) of the Road Traffic Act).