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(영문) 전주지방법원 2020.09.09 2020고단315
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[Criminal Power] On September 7, 2012, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Jeonju District Court on September 7, 2012, and a fine of KRW 4 million for a crime of violation of the Road Traffic Act at the Jeonju District Court’s Military Branch on June 23, 2014, respectively. On August 8, 2017, the Defendant was sentenced to a suspended sentence of two years for a crime of violation of the Road Traffic Act at the Jeonju District Court on August 8, 2017.

[200 Highest 315]

1. On October 2, 2019, at around 21:35, the Defendant driven a Froc or a car under the influence of alcohol by 0.131% in blood alcohol concentration, without obtaining a driver’s license, from around the roads near C funeral hall located in B of the Jeonju-gun, to the front road located in D of the Jeonju-gun.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and simultaneously driven a motor vehicle without a driver's license.

[200 Highest 1289]

2. On February 19, 2020, at around 20:20, the Defendant driven a Froc or car while under the influence of alcohol 0.132% of alcohol alcohol level without obtaining a driver’s license from the Do in front of the restaurant “H” in G in the front of the “J” in the Do in the Do in the Do in the Do in I, and up to the roads in front of the “J” in the G.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and operated a motor vehicle without a driver's license.

Summary of Evidence

[200 Highest 315]

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each investigation report, the register of driver's licenses, and notification of the results of the control of drunk driving [20 high speed 1289]

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. On-site photographs, report on the circumstantial statements of a drinking driver, notification on the control of drinking and driving, and the register of driver's licenses;

1. Investigation reports (report on the circumstances of a drinking driver), investigation reports (verification of a suspect's drinking place, etc.) [former and criminal history records etc. inquiry reports, each summary order, each summary order, and the application of statutes of the court;

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