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(영문) 청주지방법원 제천지원 2018.07.12 2018고단110
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 200,000 won.

However, the above imprisonment for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 3, 2016, the Defendant was issued a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court’s Jeju District Court’s Support, and on June 23, 2017, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving).

[Criminal facts]

1. On March 30, 2018, the Defendant: (a) driven a fworking car with alcohol content of about 500 meters in a section of about 500 meters from the road of the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) around 31:35, 201 to the road of the restaurant C in Incheon-si B; (b) without obtaining a driver’s license.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle without obtaining a driver's license in a drunken state in violation of the above provision.

2. On March 30, 2018, the Defendant violated the Road Traffic Act: (a) on the road front of the C restaurant located in Seocheon-si B around March 30, 2018; (b) while driving a car as set forth in paragraph (1), the Defendant did not provide the victim with personal information, even though he received approximately KRW 300,000 from the victim G, which was parked on the said road while driving the car as set forth in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a photograph of the accident scene;

1. Report on the circumstances of a driver who takes the driving of alcohol, investigation report, notification of the results of crackdown on driving of alcohol, response to requests for appraisal, investigation report, and inquiry into the results of crackdown on driving of alcohol;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Criminal history: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order attached to the same type of crime history);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 152 subparag. 1, Article 43, Article 156 subparag. 10, and Article 54 of the Traffic Act concerning facts constituting an offense.

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