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(영문) 전주지방법원 군산지원 2016.07.20 2016고단383
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On September 23, 2015, the Defendant was sentenced to a fine of three million won for a crime of violating road traffic law in the Gunsan Branch of the Jeonju District Court on September 23, 2015, and on September 25, 2015, the same court was sentenced to six months of imprisonment for a crime of violating road traffic law (drinking) and completed the execution of the sentence in the Jeonju Prison on January 4, 2016.

[2] On April 17, 2016, Defendant 2016, Defendant 383, driving a D-to-purd vehicle under the influence of alcohol content of 0.184% while under the influence of alcohol without obtaining a driver’s license from approximately 150 meters in the section of around 150 meters from the road in front of the Defendant’s residence located in Donsan-si, Donsan-si, Donsan-si, Seoul, the same day from April 17, 2016 to the day front of the apartment house located in the same city of peace-dong on the same day.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

On May 7, 2016, Defendant 2016, Defendant 528, at around 22:10, drive a D-to-purd vehicle with a alcohol concentration of about 0.083% while under the influence of alcohol in blood without obtaining a driver's license from the fifth parking lot in the Donsan-dong in the Don-si, Donsan-do to the front road in the same city-to-Yan City.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver driving each week and report on the results of regulating drinking driving;

1. Each license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes on reply to inquiries, such as criminal history, copies of each summary order or judgment, personal identification/ confinement status;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the driver's license of each person for driving under influence of alcohol);

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