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(영문) 대구지방법원포항지원 2020.12.22 2020고단1394
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

[criminal power] On August 16, 201, the Defendant was sentenced to a suspended sentence of 7 million won for the crimes of violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on August 16, 201, and 3 million won for the same crimes in the same court on November 5, 2015. On March 22, 2018, the Defendant was sentenced to a suspended sentence of 10 years for imprisonment with prison labor for the same crimes, etc. at the Daegu District Court on March 22, 2018, and two years for the same crimes in the Port branch of the Daegu District Court on September 5, 201.

【Criminal Facts】

1. On April 19, 2020, the Defendant, who was under the influence of alcohol as above, driven a Dsch Rexton car under the influence of alcohol with approximately 0.237% of the blood alcohol concentration without obtaining a driver’s license from about 1km section from the front day of the influent main station located in the Northern-gu, Chungcheongnam-gu, Chungcheongnam-gu, North Korea to the front road located in B at the port of Posi, and driving the Dsch Rexton car without obtaining a driver’s license.

Accordingly, the Defendant violated the prohibition of drinking driving more than twice in a state without a driver's license.

2. The Defendant violating the Guarantee of Automobile Accident Compensation Act is a holder of the pertinent passenger car.

No one shall operate any motor vehicle which is not covered by mandatory insurance prescribed by the Guarantee of Automobile Accident Compensation Act on a road.

Nevertheless, the Defendant operated the said car without mandatory insurance at the same time and place as above.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. A report on the actual condition of survey and a report on investigation (16 pages of investigation records);

1. Registers and obligations of driver's licenses;

1. Each photograph;

1. Previous convictions: Criminal records, court rulings, and application of each summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), and Article 44 (1) of the Road Traffic Act (the point of a sound driving) concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of a without a license) concerning criminal facts;

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