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(영문) 의정부지방법원 2017.12.19 2017고단698
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On January 30, 2017, the Defendant driven a motor vehicle with a alcohol content of 0.088% at around 21:40, the Defendant, without obtaining a driver’s license in the influence of alcohol during blood, and driving a motor vehicle B at approximately 1 Km in the direction of approximately 1 Km in front of Dongbcheon-si, Habcheon-si, Habcheon-si.

Summary of Evidence

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

1. Report on the circumstances of driving under the liquor:

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to inquiries about disqualified motor vehicle driving license registers;

1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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

1. In addition, the Defendant committed the instant crime during the same period of suspended execution [the period of imprisonment, six months of suspended execution, two years of suspended execution, five million won of fine), and the same period of suspended execution [the period of suspended execution, two years of suspended execution, five million won of fine], which was sentenced on June 28, 2016 by the District Court Decision 201.].

Moreover, the Defendant was sentenced to punishment, since he did not appear on the trial date of the instant case and fled.

Punishment shall be determined by comprehensively taking into account the various circumstances shown in the pleadings of this case, such as the age, sex, environment, method and mode of the crime, and the circumstances before and after the crime.

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