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(영문) 대구지방법원 서부지원 2018.09.19 2017고단2573
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 6, 2009, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a crime of violating the Road Traffic Act at the Daegu District Court on April 6, 2009, a summary order of KRW 1,50,000 as a fine for the same crime in the same court on December 12, 2014, and on June 3, 2016, a summary order of KRW 7,00,00 as a fine for the same crime in the same court on June 3, 2016, respectively.

[2] On October 17, 2017, Defendant 1, who was punished for violating the Road Traffic Act more than twice as above, was driving a CV car under the influence of alcohol concentration of about 0.076 percent from the front of the “Korea Cable TV Broadcasting Station,” located in the Seo-gu, Seo-gu, Daegu, and the 84-gil-ro 23, 17:5 on October 17, 2017, to the front of the “Korea Cable TV Broadcasting Station,” located in the area of about 300 meters in the same Gu and 438, 198, without obtaining a driver’s license.

The Defendant, on April 6, 2009, issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Daegu District Court on April 6, 2009. On December 12, 2014, the Defendant was issued a summary order of KRW 1.5 million for the same crime in the same court, and on June 3, 2016, driving a vehicle at least twice by drinking, such as receiving a summary order of KRW 7 million for the same crime from the same court.

[Criminal facts]

1. On April 20, 2018, the Defendant: (a) violated the Road Traffic Act (drinking driving) and the Road Traffic Act (D low-paid car under the influence of alcohol 0.148% while under the influence of alcohol 0.148%, without obtaining a driver’s license; (b) led the Defendant to a volume of 1m in front of the string of the 230-22 East-gu, Daegu-ro, Daegu-ro, Seoul-ro; and (c) drive without obtaining a driver’s license.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, it is not appropriate.

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