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(영문) 전주지방법원 2021.02.03 2019고단2026
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 31, 2016, the Defendant issued a summary order of KRW 4,50,000,000 to a fine of KRW 4,50,000 as an offense of violation of road traffic law in the Gunsan Branch of the Jeonju District Court on August 31, 2016, and on May 21, 2019, the Jeonju District Court issued a summary order of KRW 4 million as an offense of the same offense.

On August 14, 2019, at around 01:50, the Defendant driven a Cystren vehicle under the influence of alcohol content of about 0.168% at the 3km section from the front of the restaurant where the trade name in the Yansan-dong located in Kim Jong-si cannot be known, without obtaining a driver’s license for a motor vehicle.

Accordingly, the Defendant transferred a motor vehicle without obtaining a driver's license, and at the same time violated the prohibition of driving under the influence of alcohol not less than twice.

On August 31, 2016, the Defendant issued a summary order of KRW 4,50,000,000 as a fine for a violation of road traffic law in the Jeonju District Court's Gunsan Branch on August 31, 2016, on May 21, 2019, a summary order of KRW 4,00,000 as a fine from the Jeonju District Court to the same crime, and on November 20, 2019, the Defendant was detained for the same crime and is currently pending in the trial.

On June 26, 2020, the Defendant driven a Cwork with alcohol level of about 0.171% under the influence of alcohol level of 0.171% in blood, without obtaining a driver’s license, from the front of the trade infinite-dong, Yansan-dong, Jeonju-si, to the front road located in Yansan-gu, Jeonju-si, Jeonju-si.

Summary of Evidence

"2019 Highest 2026"

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, a statement made under the circumstances of the driver of drinking alcohol, and a statement of alcohol appraisal during blood;

1. "Register of driver's licenses" 2020 highest 2155;

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, a report on the circumstances of the driver of drinking alcohol, and field photographs;

1. The driver's license ledger;

1. A previous conviction: A written inquiry, a criminal investigation report (verification of the same criminal suspect's records), and application of Acts and subordinate statutes attached to two summary orders;

1. Criminal facts;

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