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(영문) 대구지방법원 김천지원 2019.05.28 2019고단293
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On November 26, 2008, the Defendant was sentenced to a suspended sentence of two years for a period of six months for a violation of the Road Traffic Act at the Seoul Southern District Court on November 26, 2008. On November 7, 2011, the court issued a summary order of a fine of three million won for the same crime and issued a summary order of the same crime at the same court on November 7, 201, 4 times in total, and on October 16, 2018, the Daegu District Court sentenced two years of a suspended sentence of eight months for a violation of the Road Traffic Act (non-licensed driving) in the Daegu District Court Kimcheon branch on October 16, 2018.

【Criminal Facts】

1. On January 8, 2019, the Defendant driven D car under the influence of alcohol by 0.149% without obtaining a driver’s license on the section of approximately 6km from January 8, 2019 to the road near the entrance of the main body, instead of having been located in the same Eup/Myeon on the same day from the front of the convenience store near Kimcheon-si B, Kimcheon-si to the same day, around 02:27 on the same day.

At around 11:30 on the same day, the Defendant continued to drive the said car without obtaining a driver’s license from around 2 km section from the front of the F cafeteria in the same city E to the studio in the same city, from around 14:00 on the same day.

2. On January 9, 2019, the Defendant: (a) around 16:15, on the same day from the 18:12nd day to the Gyeongcheon-si G St St St St St St St Stud on the Gyeongcheon-si, Kimcheon-si, Kimcheon-si to the front day of the 18:12nd day; (b) stated in the indictment about 60km at about 70km; (c) the Defendant also stated that the driving distance at the police level exceeds 70km (Evidence Record 83, 111 pages); (d) the Defendant argued that the distance between the above sections is only 60km; and (c) there is no evidence to support that the distance between the said sections reaches 70km.

In the section, a passenger car set forth in paragraph 1 above shall be made without obtaining a driver's license.

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