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(영문) 대구지방법원 서부지원 2019.05.15 2018고단3025
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2018 Highest 3025]

1. On May 1, 2008, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Seo-gu District Court’s branch branch court, and on June 26, 2012, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violating the Road Traffic Act. On February 16, 2016, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Daegu District Court, which was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act.

2. On October 19, 2018, at around 21:52, the Defendant driven a fworkunash car under the influence of alcohol leveling 0.061% of alcohol level without a vehicle driver’s license at approximately 3.3km section from the front of the “C Hospital Funeral Home” parking lot in Daegu-gu, Daegu-gu, to the front road of the “E” in the Daegu-gu, Seogu. D.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol again.

[2018 Highest 3537] On November 13, 2018, the Defendant driven a F rocketing motor vehicle within approximately 600 meters from the Hand Road located in Daegu Seo-gu G without obtaining a driver’s license on November 13, 2018 to the J Road located in the same Gu.

Summary of Evidence

[2018 Highest 3025]

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, inquiry into the control of drinking driving, details of revocation of license (detailed details of revocation of driver's license), and register of driver's licenses;

1. Criminal records as stated in the judgment: Criminal records, etc. inquiry report (A), records of inquiry about the management of reports on detection of drinking alcohol, one written judgment and two summary orders, summary records of investigation results (examination of the same kind of force), summary orders, and one copy of the judgment [2018 Go-so37];

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of field photographs, registers of driver's licenses, and details of revocation of driver's licenses;

1. Criminal facts;

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