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(영문) 대구지방법원 서부지원 2019.07.10 2019고단447

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On April 4, 2007, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution for the crimes of violation of the Road Traffic Act at the Daegu District Court. On September 9, 2016, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for the same crimes.

【Criminal Facts】

1. On January 2, 2019, the Defendant driven a motorcycle with an E number plate attached from around 1.2 km section from the front side of the Gyeongju-gun to the roads adjacent to C, while under the influence of alcohol at around 0.072% of alcohol without obtaining a driver’s license at around 21:30 on January 2, 2019.

Therefore, even though the Defendant violated the prohibition of drinking driving twice, the Defendant driven a motorcycle without obtaining a driver's license under the influence of alcohol.

2. On June 2017, the Defendant violated the Automobile Management Act: (a) attached E-to-land registration license plate, which was in possession of E-to-land in F, G located in Seongbuk-gun, Seongbuk-gun, without obtaining permission from the Mayor/Do governor; and (b) operated a two-wheeled automobile with the registration license plate attached to another two-wheeled vehicle from January 22, 2019 until January 22, 2019.

Accordingly, the defendant used a registration number plate unlawfully without obtaining permission from the Mayor/Do governor.

3. Around 22:00 on January 2, 2019, the Defendant: (a) driven an off-to-land with an e number plate attached not covered by mandatory insurance at approximately 1.2 km section from the front to the D neighboring road located in C, Sung-gun, Seongbuk-gun; and (b) on January 2, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of actual conditions and a traffic accident;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Report on internal investigation (in case of a registration number plate used for committing an offense),

1. Mandatory insurance policies;

1. Previouss before ruling: Criminal history records, inquiry reports, investigation reports (Attachment to the suspect's rulings, etc. - the same force related to the same kind of records).