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(영문) 창원지방법원진주지원 2020.08.12 2020고단769
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On October 31, 2008, the Defendant issued a summary order of KRW 2 million for a fine of KRW 2 million for a violation of the Road Traffic Act at the Gwangju District Court on October 22, 2012, and a fine of KRW 1.5 million for the same crime at the same court on October 22, 2012, and on June 17, 2014, the Defendant was sentenced to imprisonment for the same crime at the same court on October 25, 2018 and two years of suspension of execution.

"200 Highest 769"

1. On February 1, 2020, at around 01:23, the Defendant, without obtaining a driver’s license, driven a car in F SP area under the influence of alcohol with approximately 0.057% alcohol concentration in the front of the E management office located in D on the road located in E Management Office located in Hadong-gun B.

"200 Highest 1059"

2. On April 15, 2020, the Defendant, without obtaining a driver’s license on April 15, 2020, driven a FS-type car under the influence of alcohol content of about 0.110% at a section of about 10km prior to the 2723rd Cam of the same military road, as the fS-type car in front of the Hadong-gun G store, without obtaining a driver’s license.

Summary of Evidence

"200 Highest 769"

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Photographs, 112 Report Processing table, investigation report (specific hours during which the driving is completed) 200 high-class 1059;

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. The 112 Reporting Report List, investigation report (Attachment to the screen pictures of reporters), investigation report (Attachment to video CDs related to operating routes of vehicles) (the previous record on the market);

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);

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

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