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(영문) 대구지방법원 영덕지원 2019.08.21 2019고단74
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 24, 2006, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Young-gu District Court’s Young-gu District Court’s territorial branch on September 5, 2018, a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) from the Young-gu District Court’s territorial branch on September 5, 2018, and a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) in the Young-gu District Court’s territorial branch on November 20, 2018.

[2019 Highest 74] On May 23, 2019, the Defendant driven a motor vehicle in the condition of under the influence of alcohol by 0.104% of blood alcohol concentration, without obtaining a driver’s license, from around 300 meters to around 400 meters in front of the Ccafeteria located in the Gyeongjin-gun, Chungcheongnam-gun, Chungcheongnam-do.

As a result, the Defendant, who violated the prohibition on drinking at least twice, drives a motor vehicle in a drunken state in violation of the above provision, and simultaneously drives a motor vehicle without obtaining a driver's license.

[2019 Highest 80] On June 14, 2019, the Defendant driven an EfranxG car under the influence of alcohol level of about 0.083% without obtaining a driver’s license in a section of about 800 meters from the front of the Defendant’s house located in H from the Do to the front of the Defendant’s house located in H. on June 14, 2019.

As a result, the Defendant, who violated the prohibition on drinking at least twice, drives a motor vehicle in a drunken state in violation of the above provision, and simultaneously drives a motor vehicle without obtaining a driver's license.

Summary of Evidence

[2019 Highest 74]

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the situation of driving on a motor vehicle under the influence of alcohol, report on the situation of a driver under the influence of alcohol, report on the control of driving on a motor vehicle, register of driver's licenses, and car

1. Previous records of judgment: Criminal records, etc. inquiry reports and investigation reports (report on the confirmation of the same kind of power);

1. Defendant's legal statement;

1. The investigation report (the circumstantial report to the employer) 1.

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