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(영문) 대구지방법원포항지원 2020.11.30 2020고단1398
도로교통법위반(음주운전)등
Text

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

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

【Criminal Power】 On January 2, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the port support of the Daegu District Court on January 2, 2007, and a fine of two hundred and five hundred thousand won for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Driving without a license) at the same court on December 1, 2008.

【Criminal Administration】

1. On October 1, 2020, the Defendant driving a two-way two-wheeled vehicle with blood alcohol concentration of about 0.069% at the section of about 300 meters from the 300m to the front road of the General Social Welfare Center for Pohang Port Area, without obtaining a driver’s license under the influence of alcohol at about 0.069c. 239c.

Accordingly, the defendant violated the prohibition of drinking driving more than twice, and at the same time, driving a two-wheeled automobile without obtaining a driver's license.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a two-wheeled motor vehicle B 399cc.

The Defendant driven the above two-wheeled vehicle without the driver's license in the state of being under the influence of alcohol as stated in paragraph (1) and proceeded in the reverse direction by driving the above two-wheeled vehicle at the south-gu air space 56 U.S. 17 U.S. at the port, Nam-gu, Seoul and the 17 U.S. Dok

At the same time, there was a safety mark indicating one-way traffic from the D room to the C side, so there was a duty of care to drive safely the driver of the motor vehicle by driving the motor vehicle without driving the one-way traffic road according to safety signs.

Nevertheless, the defendant is negligent in driving a one-way road without obtaining a driver's license under the influence of alcohol.

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