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(영문) 대구지방법원안동지원 2020.12.22 2020고단404
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On June 23, 2011, the Defendant received a summary order of KRW 1 million for a crime of violation of the Road Traffic Act from the Daegu District Court's Ansan branch on June 23, 201, and a summary order of KRW 3 million for the same crime in the same court on June 14, 2017, respectively.

The Defendant, at around 10:40 on May 13, 2020, driven a F truck under the influence of alcohol with a blood alcohol concentration of 0.328% from the 1km section to the front road of the C Middle School located in the permanent city B from May 13, 2020 to the front road located in the same city D.

Around 17:52 on August 6, 2020, the Defendant driven a Fpoter II cargo without obtaining a driver’s license in the section of about 4 km from the front of the Heat House G in the permanent city of permanent residence to the front of the same city of I, while under the influence of alcohol level of about 0.279% under the influence of alcohol level.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

"200 Highest 404"

1. The defendant's legal statement in his/her oral statement, the report on the circumstances of the driver, the investigation report (the circumstantial report of the driver), the report on internal history as a result of the Regulation of Drinking Driving, and photographic "20,625";

1. Defendant’s legal statement, report on the results of the control of drinking driving, report on the circumstances of drinking drivers, investigation report, report on the results of the control of drinking driving, and the register of driver’s licenses for motor vehicles which are conducted after the control of drinking driving, and previous convictions of the main office;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, investigation reports (verification of sound records), copies of summary orders, investigation reports (the records of criminal punishment of a suspect and confirmation of pending judgments) shall be made;

1. Relevant provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (hereinafter referred to as the "Commercial Concurrent Crimes") and Articles 40 and 50 of the Road Traffic Act (hereinafter referred to as the "Road Traffic Act") and the "Road Traffic Act" (hereinafter referred to as the "Road Traffic Act") and the "Road Traffic Act".

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