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(영문) 전주지방법원 2015.06.02 2015고단279
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On February 4, 2010, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Jeonju District Court on February 4, 2010, and on October 31, 2012, a fine of KRW 4 million for the same crime at the same court on October 31, 2012, and became final around that time, respectively. On February 27, 2014, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act (Non-Exclusive) and was punished seven times due to drinking or non-licensed driving.

Nevertheless, on February 26, 2015, the Defendant, without a driver’s license of a motor vehicle on February 26, 2015, was driving C-wing truck under the influence of 0.107% of blood alcohol concentration in front of the Bocheon-gu, Samcheon-dong 1, Samcheon-gu, Samcheon-gu, Seoul, with a distance of about 500 meters from the front of the Bocheon-gu, Samcheon-gu, Gyeongcheon-do, 100.

Accordingly, the defendant, who has violated the Article 44 (1) of the Road Traffic Act prohibiting the driving of a motor vehicle under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol at the same time without obtaining a driver's license.

around 20:00 on August 12, 2014, the Defendant driven a C-wing truck without a car driver’s license from around about 500 meters from the front of a restaurant where it is impossible to know the trade name in Samcheon-dong, Samcheon-gu, Samcheon-si, Seoul to the front of the restaurant in the same Dong from around 500 meters to the B-Sininininindo road in the same Dong.

Summary of Evidence

"2015 Highest 279"

1. Defendant's legal statement;

1. A copy of the report on the results of the control of drinking driving, the report on the circumstances of drinking drivers, the appearance, uniforms, language, attitudes, and the use register of drinking meters;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc. and reporting on attachment of a summary order, such as the previous record, etc.;

1. Defendant's legal statement;

1. Report on a traffic accident, report on the occurrence of a traffic accident, and report on internal investigation (e.g., how to recognize the fact of a non-license);

1. Application of the statutes on the register of driver's licenses;

1. Criminal facts;

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