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(영문) 광주지방법원 목포지원 2020.04.16 2019고단1547
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

except that the execution of the above sentence shall be suspended for five years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 27, 2011, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act at the 39th Army General Military Court at the Army on June 27, 2011, and was issued a summary order of KRW 1.5 million on November 19, 2015 with a fine of KRW 1.5 million for the same crime in the 1.5 million branch court of the Gwangju District Court.

Nevertheless, at around 01:35 on December 6, 2019, the Defendant driven a F K9 car with approximately 500 meters alcohol level 0.142% under the influence of alcohol level 0.142% from the front road of the “C” located in Sinpo City B to the front road of the “E” located in D in the same city.

As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.

After being punished twice as a crime of violation of the Road Traffic Act (driving) as above, the Defendant was indicted for drinking driving again and then was prosecuted for Gwangju District Court Manpoon.

(2019 Highest 1547). Nevertheless, around 03:40 on January 25, 2020, the Defendant driven a FK9 car under the influence of alcohol level of 0.067% without obtaining a driver’s license from the front side of the Seo-gu G apartment in Seo-gu, Gwangju to the front side of the king Gambrog, the king-si, the king-si, Seoul, to the front side of the GG apartment.

As a result, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice, and simultaneously driven a motor vehicle without obtaining a driver’s license.

Summary of Evidence

"2019 Highest 1547"

1. Defendant's legal statement;

1. The statement of H and the police statement of H;

1. On-the-spot map, traffic accident report (1) actual condition survey report, traffic accident report (2) actual condition survey report, accident site photograph, accident site photograph, report on the state situation of a drinking driver, report on the drinking driving, notification on the results of the drinking-driving control, copy of the use register of a drinking measuring instrument, criminal history inquiry report, and summary order "20 high-speed184";

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, notification on the results of the control of drinking driving, output of the record of the measurement of drinking, and inquiry into the results of the control of drinking driving;

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