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(영문) 전주지방법원정읍지원 2020.11.12 2020고단388
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On February 14, 2019, the Defendant was sentenced to 10 months of imprisonment for a violation of the Road Traffic Act (driving) in the Jeonju District Court’s branch court’s support on February 14, 201, and completed the execution of the sentence in a wooden prison on December 13, 2019.

【Criminal Facts】

On December 30, 2004, the Defendant was sentenced to the imprisonment for a violation of the Road Traffic Act, etc. at the Jeonju District Court Full Eup branch court, and on April 9, 2009, the Defendant was sentenced to the imprisonment for a violation of the Road Traffic Act, etc. at the same court on April 9, 2009, and was sentenced to the imprisonment for a violation of the Road Traffic Act, etc. on November 26, 2015 by the same court on November 26, 2015, and was sentenced to the imprisonment for a violation of the Road Traffic Act on February 14, 2019.

On May 15, 2020, the Defendant, while under the influence of alcohol at 0.07% of blood alcohol level around 16:20, the Defendant driven DPoter II truck on the road from around the B Taxi-gun B taxi platform in North Korea to the public parking lot in the same 500 meters section without a driver’s license.

As a result, the Defendant violated the Road Traffic Act prohibition provisions at least twice, and at the same time, operated the above truck without the driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The ledger of driver's licenses;

1. The circumstantial statement of the employee;

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

1. Notification of the control of drinking driving;

1. Investigation report (related to drinking after driving a suspect's drinking);

1. Evidence photographs;

1. Investigation report (report on the result of re-determination of the defendant's blood alcohol concentration in property);

1. Previous convictions: Criminal history records, inquiry reports (A), investigation reports (verification of suspect drinking and non-licensed driving records), written judgments, copies of summary orders, and application of Acts and subordinate statutes to the personal confinement status;

1. The punishment provided for in Articles 148-2(1), 44(1) (a) and 152 subparag. 1 and 43 (a point of driving without a license) of the relevant Act on the crime and the punishment provided for in Articles 40 and 50 of the Road Traffic Act due to a heavier alcohol driving.

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