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(영문) 대구지방법원 의성지원 2019.11.28 2019고단250
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 20, 2017, the Defendant was sentenced to a summary order of KRW 1 million for the crime of violating the Road Traffic Act at the Daegu District Court on January 20, 2017. On December 8, 2017, the Defendant was sentenced to a summary order of KRW 4 million for the same crime in the same court on December 8, 2017. On May 31, 2018, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime.

Although the Defendant had been punished for drunk driving, on August 2, 2019, at around 19:35, the Defendant driven an E1 ton cargo vehicle while under the influence of alcohol without a vehicle driver’s license at a section of about 1km from around the 1km to the Defendant’s office located in D, “C” restaurant located in the Gandong-gun, Gandong-gun, Gandong-gun, and at around 0.286% of alcohol level.

around 05:43 September 29, 2019, the Defendant driven Epoter 2 truck without obtaining a driver’s license from approximately 6 km section to the front road of the said Defendant’s residence, via G located in F from the front road of the Defendant’s residence in Gyeong-gun, G on September 29, 2019.

Summary of Evidence

"2019 Highest 250"

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, investigation report, notification on the control results of drinking driving, and the register of driver's licenses;

1. Previous records of judgment: Criminal history records, inquiry reports, investigation reports (verification of the same kind of power), judgment, etc.;

1. Defendant's legal statement;

1. Report on the occurrence of traffic accidents, the actual condition survey report and field photographs, and the application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting a crime (a point of driving without obtaining a license);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a violation of the Road Traffic Act (Non-licensed Operation) by August 2, 2019, between the violation of the Road Traffic Act (Non-Exclusive Operation), and the violation of the Road Traffic Act (the punishment imposed on a violation of the Road Traffic Act) with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Aggravation for concurrent crimes;

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