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(영문) 청주지방법원 영동지원 2019.11.21 2019고단137
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On December 18, 2008, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 100,000 for a violation of the Road Traffic Act (driving) at the Youngju District Court’s Youngdong Branch on December 18, 2008; on October 1, 2010, the same court issued a summary order of KRW 3 million for the same crime; on February 1, 2012, the same court issued a summary order of KRW 4 million to a fine of KRW 4 million for a violation of the Road Traffic Act (driving without a license); on December 26, 2012, the Defendant was sentenced to a summary order of KRW 8 months and a suspended sentence two years for a violation of the Road Traffic Act (driving without a license) at the same court on August 1, 2013; on November 7, 2013, the Defendant was sentenced to a penalty of KRW 20,000 for a violation of the Road Traffic Act (D).

【Criminal Facts】

1. Around 21:40 on January 17, 2019, the Defendant driven a E-bow truck under the influence of alcohol level of about 0.184% from the section of approximately 2km from the section of approximately 2km of blood alcohol level to the front road of the D elementary school located in the same Gu C, Seo-gu, Seoan-gu, Seocheon-si.

As a result, the defendant has driven a motor vehicle under the influence of alcohol even though he has violated the Road Traffic Act more than twice.

2. On August 14, 2019, at around 10:15, the Defendant driven a J-free car without obtaining a driver’s license in a section of about 354 km from the front of the G factory located in the F of the Daejeon Seo-gu Daejeon to the construction site located in the Chungcheongnam-gun, Chungcheongnam-gu, Daejeon, through the construction site located in the Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the drinking driving control;

1. Registers of driver's licenses;

1. A report on investigation (the sequence 5 in list of evidence);

1. Previous convictions: References to criminal records and investigation reports (Attachment to criminal records of the same kind of suspect's judgment, etc.);

1. Relevant Article of the Act and the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2019) concerning criminal facts.

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