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(영문) 대구지방법원 서부지원 2018.03.16 2017고단1831
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On March 4, 2013, the Defendant received a summary order of KRW 4 million as a fine for a violation of road traffic law, etc. at the Seo-gu District Court’s Seo-gu District Court’s subordinate branch on March 4, 2013, and on June 3, 2016, the Daegu District Court issued a summary order of KRW 3 million as a fine for a violation of road traffic law.

[Criminal facts] On July 2, 2017, around 07:45, the Defendant driven a car with B, while under the influence of alcohol content of about 0.132% while under the influence of alcohol, without obtaining a driver’s license, from approximately 5km section from the front side of the death line in the Seo-gu, Seo-gu, Daegu to the full four-lane-ro 376-1, Seogu, Daegu-gu, Seogu.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a car without obtaining a driver's license under the influence of alcohol again.

On September 12, 2017, the Defendant driven CMWR 1200GS two km from around about 1.2km to about 138, Seogu, Daegu, Seogu, Daegu, without obtaining a driver's license for a motor vehicle around 14:55 on September 12, 2017.

The Defendant was sentenced to a fine of KRW 4 million on March 4, 2013, and a fine of KRW 3 million on June 3, 2016 from the Daegu District Court to a fine of KRW 200,000 for the same crime.

[Criminal facts] The Defendant is a person who is engaged in driving CMW 1,200cc vehicles.

On September 13, 2017, the Defendant, without obtaining a driver's license for a motor vehicle at around 04:30, driven the foregoing motor vehicle with alcohol content of 0.135% in blood, and driven the front road of the oil station in the Seogugu, Daegu-gu, Seo-gu, the Defendant driven the foregoing motor vehicle at about 96km (60km at the speed of regulation) in the direction of the flat four distance away from the luminous distance.

In such cases, a person engaged in driving of a motor vehicle shall observe the regulatory speed without being drunk.

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