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(영문) 대구지방법원 김천지원 2021.02.17 2020고단1169
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] On February 27, 2018, the Defendant was sentenced to eight months of imprisonment due to a violation of road traffic law in the Daegu District Court Kimcheon, etc., and on April 28, 2019, the Defendant had six same kinds of records as a total, including the termination of the execution of the sentence in the North Korean Vocational Training Prison on April 28, 2019.

[2] On June 25, 2020, the Defendant: (a) driven a vehicle of chump with alcohol level of about 0.179% in the blood alcohol level from about 2Km section to the front road of the same city, around 22:50 on June 25, 2020.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

around 21:00 on December 15, 2020, the Defendant driven a H-learning car at a section of about 300 meters from the front side of the E, which is in Gumisisi, D with a alcohol content of about 0.113% without a vehicle driver’s license, to G road located in F.

As a result, the Defendant violated the prohibition of drinking, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

[200 Highest 1169]

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (verification of the same record as a suspect), written judgment, summary order and personal confinement status (200 height order 2024);

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Investigative into the ledger of driver's licenses and the main office;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, reporting on the result of confirmation of the previous convictions of the disposition, and reporting on investigation (prior convictions) Acts and subordinate statutes;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense under the relevant provisions of the Act, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving);

1. Selection of each sentence provided for in Articles 40 and 50 of the Criminal Code of the ordinary concurrent crimes;

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