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(영문) 창원지방법원 진주지원 2019.10.17 2019고단590
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

1. On November 25, 2013, the Defendant was sentenced to a summary order of KRW 2 million for a violation of the Road Traffic Act (driving without a license) and a fine of KRW 6 million for the same crime, etc. in the same support from the Changwon District Court on December 16, 2014, and was sentenced to a suspended sentence of KRW 2 years and a fine of KRW 300,000 for August 18, 2016 for the same crime, etc.

On December 27, 2018, at around 20:00, the Defendant driven an Epoter-II truck without obtaining a driver's license in the state of alcohol concentration of approximately 0.255% from a section of approximately 150 meters from the front of the C cafeteria located in Jinju-si B to the D studio.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol again.

2. No automobile which violates the Automobile Management Act and the Guarantee of Automobile Accident Compensation Act shall be operated unless it is registered in the register of automobiles, and no automobile which has not been subscribed to mandatory insurance shall be operated on the road;

Nevertheless, at around 20:00 on December 27, 2018, the Defendant: (a) registered ex officio from approximately 150 meters to the roads in front of the D Studio, from approximately 150 meters to July 29, 2016; and (b) operated Epoter-II cargo vehicles not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. Each traffic accident report, accident-related photograph, report on the circumstantial statement of a drinking driver, report on detection of a drinking driver, the register of driver's licenses, mandatory insurance, timely inquiry, and the register of motor vehicles;

1. Previous records of judgment: Application of criminal records, investigation reports, court rulings, and other printed materials-related Acts and subordinate statutes;

1. The provision of relevant laws concerning criminal facts;

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