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(영문) 서울중앙지방법원 2020.09.17 2020고단2433
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

Punishment of the crime

[criminal power] On November 20, 2007, the Defendant was sentenced to a suspended sentence of six months at the Suwon District Court on the ground of a violation of the Road Traffic Act, and on October 1, 2016, the Defendant issued a summary order of three million won for a violation of the Road Traffic Act (driving) at the same court on October 2016. On October 27, 2016, the same court sentenced two years of a suspended sentence of six months to imprisonment for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Free Driver). On March 29, 2017, on April 11, 2018, the Defendant was sentenced to a suspended sentence of eight months by imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) at the same court on March 29, 2017.

【Criminal Facts】

On March 22, 2020, the Defendant, around 10:15, 2020, driven a Clearning car with a blood alcohol content of 0.101% under the influence of alcohol without obtaining a driver’s license from the front side of the Seocho-gu Seoul apartment to the Dokwon Dokwon in Busan.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, operated without a license.

Since there is no obstacle to guaranteeing the defendant's right of defense, the criminal facts were corrected by adding it to clarify the defendant's intention of driving without a license.

Around 22:55 on June 1, 2020, the Defendant driven a Clearning car under the influence of alcohol concentration of about 0.048% without a driver’s license on the section of about 5km from the front of Pyeongtaek-si D to the front of the same city.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and not less than twice a licenseless driving.

Summary of Evidence

Criminal records: criminal records, investigation reports (verification of the same kind of records), copies of each judgment, copies of summary order, personal confinement status, investigation reports (additional crimes of the same kind and confirmation of repeated crimes).

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