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(영문) 대구지방법원 2021.02.18 2019고단1909
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal history] On November 22, 2007, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating road traffic law at the Daegu District Court, and on June 26, 2009, sentenced to imprisonment for 10 months and 2 years of suspension of execution for a crime of violating road traffic law at the Seo branch court of the Daegu District Court, and sentenced to imprisonment for a violation of road traffic law at the Daegu High Court on October 25, 2012.

around 21:50 on April 10, 2018, the Defendant driven a E-Poter truck under the influence of alcohol content of about 1km from around 0.209% of alcohol content to D apartment, the Defendant’s dwelling place in Gyeongsan-si, the Sinsan-si, the Defendant, around 21:50 on April 10, 2018.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

On August 21, 2019, the Defendant driven an E 1t truck under the influence of alcohol content of 0.190% while under the influence of alcohol with approximately 150m alcohol content in front of D apartment buildings in Busan Metropolitan City, without obtaining a driver's license of around 21:03, on August 21, 2019.

Summary of Evidence

[2019 Highest 1909]

1. A protocol concerning the examination of the police officers of the accused;

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

1. Records of judgment: A reply to inquiries, such as criminal history, summary order, and each judgment [20 order 10,027];

1. A protocol concerning the examination of the police officers of the accused;

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

1. The driver's license ledger;

1. Records of judgment: A reply to inquiry, such as criminal history, each summary order, and the application of each statute of judgment;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018); Article 148-2(1) and Article 44(1) of the Road Traffic Act (amended by Act No. 15530, Mar. 27, 201); Article 152 subparag. 1 and Article 43 of the Road Traffic Act concerning facts constituting a crime

1. Trade name;

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