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(영문) 대구지방법원 영덕지원 2019.05.29 2019고단47
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On May 21, 2014, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act in the Yeongdeungpo-gu District Court’s Yeongdeungpo-gu District Court’s territorial support on February 16, 2015, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving). On May 11, 2016, the Daegu District Court’s territorial support for the violation of the Road Traffic Act (Refusal of Drinking Measures) was sentenced to a suspended sentence of KRW 2,00,000 for 8 months and the said judgment became final and conclusive around that time, but on February 10, 2017, the Defendant was sentenced to imprisonment for 10 months and a fine of KRW 300,000 for a violation of the Road Traffic Act (Refusal of Drinking Measures) and the judgment became final and conclusive on February 23, 2017.

On March 14, 2019, around 05:20 on March 14, 2019, the Defendant driven the 1 ton cargo vehicle Ew-III without obtaining a driver's license in the state of alcohol alcohol concentration of approximately 0.249% in the 3km section from the front of the Defendant's house located in Yong-gun Group B to the D 7th national highway located in the same Gun C.

As a result, the Defendant, who violated the prohibition on drinking at least twice in violation of the above provision, was driving a motor vehicle under the influence of alcohol, and simultaneously driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the results of the control of drinking and driving, report on the circumstances of a drinking driver, report on the actual condition of a driver, report on the actual condition of a driver, register of driver'

1. Each photograph;

1. Previous records of judgment: Application of criminal records, references to criminal records, each investigation report (report on confirmation of the same kind of power, confirmation of repeated crimes, and attachment of judgment);

1. Relevant laws concerning criminal facts, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (a point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 152 of the Road Traffic Act;

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