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(영문) 대구지방법원 2021.02.03 2020고단5427
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On October 6, 2009, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (drinking driving), etc. on October 6, 2009, and was sentenced to a summary order of KRW 5 million for a violation of the Road Traffic Act (drinking driving) on March 13, 2015, and was sentenced to a summary order of KRW 5 million on August 29, 2018, and was released from a racing prison on February 28, 2019 during the execution of the sentence, and the period of parole was terminated on March 9, 2019.

On September 6, 2020, the Defendant driven an EM3 car under the influence of alcohol leveling 0.102% in alcohol level without obtaining a driver’s license from the front of the “C” in Yongcheon-si B from around 12, 2020 to D’s front road, and without obtaining a driver’s license from around 3km.

Accordingly, the Defendant transferred a motor vehicle without obtaining a driver's license and violated the prohibition of drinking at the same time more than twice.

Summary of Evidence

1. Report on the occurrence of traffic accidents in the police statement protocol against F by the defendant's legal statement F, and investigation report on actual conditions;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A photograph of the motor vehicle driver's license ledger (20 pages of evidence records);

1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on prosecution investigation (report on confirmation of the same type of force), and application of Acts and subordinate statutes on personal confinement;

1. Article 148-2 (1), Article 44 (1) (main driving) of the Road Traffic Act concerning the facts constituting an offense, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act (Options of imprisonment) Article 35 of the Criminal Act aggravated for repeated crimes;

1. Although there are many kinds of records of punishment for the reason of sentencing under Articles 53 and 55(1)3 of the Act on the Mitigation of Small Quantity, the driver finds a patrol vehicle while driving a drinking or non-licenseing without a license only at a low level after the enforcement of the current Road Traffic Act, where the control standards and statutory punishment have been greatly strengthened due to the social request to eradicate the harmful effects of drinking alcohol.

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