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(영문) 대구지방법원 의성지원 2019.09.05 2019고단168
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 11, 2006, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving on drinking), etc. on November 14, 2012 by the same court, and was issued a summary order of KRW 3 million for the same crime, etc. on September 21, 2017 by the same court, and was sentenced to a summary order of KRW 5 million for the same crime, etc. on May 23, 2019 by the same court.

1. Around 17:40 on June 9, 2019, the Defendant driven a E-coo vehicle in the state of alcohol alcohol concentration of 0.227% under the influence of alcohol without obtaining a driver’s license from the front side of the “C” in the Cheongbuk-gun, Chungcheongnam-gun, Cheongbuk-gun, to the front side of the same 3km.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act driving the E E E-cus car quantity that was not covered by mandatory insurance at the same time and at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared in F;

1. 112 Report handling table, report on the circumstances of a drinking driver, investigation report, notification on the results of the control of drinking driving, vehicle driving certificate, ledger of driver's license, inquiry into the results of the control of drinking driving, and mandatory insurance;

1. Previous records of judgment: Application of four copies of criminal records, repeated statements, written judgments, etc.;

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 subparag. 1 and 43 of the Road Traffic Act (the occupation of driving without a license) regarding criminal facts; Article 46(2)2 and Article 8 of the Guarantee of Automobile Accident Compensation Act.

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