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(영문) 대구지방법원 2020.06.03 2019고단5254
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On September 18, 2019, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act at the Daegu District Court on one year and six months, and on September 26, 2019, the Defendant was sentenced to a suspended sentence of two million won for the same crime in the same court on November 12, 2002, and on October 1, 2008, sentenced to a fine of two million won for the same crime in the Daegu District Court Port Support on the same crime, from the same support on December 1, 2008 to a fine of one million won for the same violation of the Road Traffic Act (non-licensed driving) at the Daegu District Court Support on June 26, 2013, and from the Daegu District Court on the same support on December 1, 2008 to a summary order of two million won for a fine of two million won for a violation of the Road Traffic Act (driving).

1. On September 16, 2019, at around 23:05, the Defendant driven an Empted vehicle while under the influence of alcohol at approximately 650 meters in a section of approximately 0.134% of blood alcohol concentration from the Do near C Office in the Cheongbuk-gun, Cheongbuk-do without obtaining a driver’s license.

2. On September 17, 2019, the Defendant driven the said vehicle under the influence of alcohol by 0.09% in a section of about 25km from the Do to the front of the house of the F Suspected in the Cheongbuk-do, Cheongbuk-do to the front of “H” located in G, without obtaining a driver’s license, on September 17, 2019.

3. On September 19, 2019, at around 01:19, the Defendant driven the said vehicle under the influence of alcohol by 0.033% in a section of about 1km alcohol level from the Jjuju station, which is located near the sports complex located in the south-gu Gyeongdo, Nam-gu, Chungcheongnam-do, without obtaining a driver’s license, to drive the said vehicle.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and at the same time, operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the state of drinking drivers, reports on the state of drinking, and reports on the results of the control of drinking driving, and inquiries into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previouss before and after judgments: Criminal records, references to prosecution investigation reports (report on attachment of criminal records for the same type of crime) shall apply to statutes;

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