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(영문) 대구지방법원 영덕지원 2019.05.15 2019고단27
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[2019 Highest 27] On October 15, 2002, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Changwon District Court on November 2, 2009. On November 2, 2009, a summary order of KRW 3.5 million was issued by the Changwon District Court on November 2, 2009, by a fine of KRW 2 million for a violation of the Road Traffic Act (driving).

On August 26, 2018, at around 17:40, the Defendant driven the Eunstun cargo under the influence of 0.209% of blood alcohol concentration at approximately 12.5km from the 12.5km to the front road of the dwelling of the Defendant in D via C Schlage located in B from the front of the Maul Urban Gas Corporation, which is located in 682, the south-do Seoul Special Metropolitan City Gas Corporation.

As a result, the Defendant, who violated the prohibition of drunk driving at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

[2019 order36] Around 10:10 on February 21, 2019, the Defendant driven an Eunst truck without obtaining a driver’s license in approximately 25 km section from the dwelling of the Defendant in the Gyeongjin-gun D to the front road in the same military near the same military.

Summary of Evidence

[2019 Highest 27]

1. Defendant's legal statement;

1. Each investigation report, prosecution report, and internal investigation report;

1. Report on the situation of running a driving under the influence of alcohol, report on the results of the control of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and inspection

1. Each photograph, each CCTV video;

1. Previous records of judgment: Criminal history records, inquiry reports, investigation reports (verification of the same type of force);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the Report on Detection of Unlicensed Driving (A), the Report on the Situation of Unlicensed Driving, the Register of Driver's License, and the register of tea.

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty, Articles 152 (1) and 43 of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 152 (1) of the Road Traffic Act, and Articles 152 (1) and

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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