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(영문) 대전지방법원 2021.02.05 2020고단307
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 31, 2012, the Defendant issued a summary order of KRW 3 million on August 31, 2012, to a fine of KRW 4 million due to a violation of road traffic laws at the Jeonju District Court, and a fine of KRW 4 million due to a violation of road traffic laws at the Jeonju District Court’s Gunsan Branch on February 17, 2016.

On January 11, 2020, the Defendant driven B car in the section of approximately 1 kilometer from the 22:50 alcohol concentration to the front road of the used vehicle sale in Seo-gu Daejeon-dong, Seo-gu, Daejeon-gu, with the influence of alcohol content of 0.063% during blood.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

On August 31, 2012, the Defendant issued a summary order of KRW 3 million with a fine of KRW 4 million on the grounds of a violation of Road Traffic Act at the Jeonju District Court on August 31, 2012, and on February 17, 2016, the Jeonju District Court issued a summary order of KRW 4 million with a fine of KRW 3 million due to a violation of Road Traffic Act.

On February 22, 2020, around 22:50, the Defendant driven a Bkn-car under the influence of alcohol content of 0.132% without obtaining a driver’s license from the front of the D cafeteria located in Gangseo-gu Seoul Metropolitan Government to the front of the F gate in the same Gu E from approximately 600 meters section to the F gate in the same Gu.

Accordingly, the Defendant, while driving without a license, violated the regulations on prohibition of drinking driving at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of control, notice of the result of crackdown on driving of alcohol, report on the circumstances of the driver of each week, investigation report, report on the circumstances of the driver of each week, inquiry into the results of crackdown on driving of alcohol, report on investigation (report on the circumstances of the driver of each week), and the register of driver's licenses;

1. Application of an inquiry letter, such as criminal history, and an inquiry report (Attachment to the summary order of a suspect-related case) by statutes;

1. Articles 148-2 (1), 44 (1), and 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty: Imprisonment with prison labor;

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