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(영문) 의정부지방법원 2018.12.18 2017고단4236

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 31, 2016, the Defendant driven a motor vehicle under the influence of alcohol on November 22, 2016, and operated BM5 motor vehicle under the influence of alcohol on at least two occasions. On August 25, 2017, the Defendant: (a) on August 25, 2017, at around 38-19, one of which is located in the c8-19, a flow-ro at the right seat of the Cheong-gu, Young-gun; (b) on the road from the Moel to the road 93-25, the Defendant was driving a motor vehicle under the influence of alcohol concentration of at least 0.06%.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Application of the Act and subordinate statutes to the inquiry report and investigation report (the confirmation, etc. of the same type of criminal records);

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

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

1. Selection of imprisonment with prison labor chosen to be sentenced (to be sentenced to imprisonment with prison labor, considering the defendant's previous convictions and three times;

1. Article 53 and Article 55(1)3 of the Criminal Act (the blood alcohol concentration is not relatively high by 0.066%, and the same kind of criminal record exceeds the fine shall be considered);