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(영문) 대구지방법원서부지원 2020.10.08 2020고단2647
도로교통법위반(무면허운전)등
Text

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

Reasons

Punishment of the crime

【Criminal Power】 On February 19, 2008, at the Daegu District Court, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act, etc.; on June 11, 2010, at the Seo-gu District Court Branch, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act; and on September 23, 2016, at the same court, on September 6, 2017, the Defendant completed the execution of the sentence in a prison on September 6, 2017.

【Criminal Facts】

1. Around 23:22 July 21, 2019, the Defendant driven a ewing-III cargo vehicle with a blood alcohol concentration of about 0.243% from the 3km section from the front of the C cafeteria located in the Gyeong-gun, Seongbuk-gun, Seongbuk-gun, to the front of the D village, while under the influence of alcohol by 0.243%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. A motor vehicle owner in violation of the Guarantee of Automobile Accident Compensation Act partly revised the facts charged without due process to amend indictments to the extent that it does not disadvantage Defendant’s defense right.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the defendant operated the cargo vehicle without mandatory insurance at the time and place mentioned in Paragraph 1.

3. Around September 8, 2019, the Defendant was driving the said cargo without obtaining a driver’s license in a single section from the NFFG in the new road section of the NFG in the NFG in the NFG in the new road, from that time until September 20, 2019, without obtaining a driver’s license over 12 times in total, as indicated in the annexed crime list, from September 20, 2019.

Summary of Evidence

1. Investigation report of the suspect interrogation protocol of the accused on the accused's court statement by the prosecution (report on the confirmation of vehicle operation after July 22, 2019), and investigation report (verification of additional crimes by the accused);

1. Investigation reports (Attachment to the "Motor Vehicle Driver's License Register" of a Suspect) and accompanying documents.

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