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(영문) 의정부지방법원 고양지원 2017.09.14 2016고단2320
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 29, 2016, the Defendant driven a knife vehicle with approximately 100 meters alcohol concentration of 0.182% while under the influence of alcohol, without obtaining a driver's license, from the front of the 1st center for older persons in Yongsan-gu, Seoyang-gu, Seoyang-gu, 910 to the front of the newspaper distribution center located in the same 229-1.

Summary of Evidence

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

1. Report on the circumstances of a driver who is placed in driving, inquiry about the results of crackdown on drinking driving, detailed statement of revocation of driver's license, application of statutes on the register of driver's licenses;

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

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

1. Since 2002, the Defendant had been driving the fourth alcohol as the instant crime, and the third driver without a license.

In particular, in 2009, the defendant has been punished as a suspended sentence of imprisonment due to a crime of violation of the Road Traffic Act (Refusal of measurement of drinking) and a violation of the Road Traffic Act (non-licensed driving).

Nevertheless, each of the crimes of this case was committed, and the blood alcohol concentration is also high.

However, the defendant showed his attitude against the police, and there have been no criminal records of the same kind for not less than seven years.

In addition, all of the sentencing conditions identified in the records of this case, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., shall be determined as per the order.

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