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(영문) 의정부지방법원 2017.11.14 2016고단2639
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 20, 2016, the Defendant driven a motor vehicle of approximately 700 meters in a section of approximately 0.343% alcohol concentration in blood from the section of approximately 700 meters from the French Dog-si to the two-way Dog-si Dog-si Dog-si, both-si Dog-si, and the two-way Dog-si, without obtaining a driver's license.

Summary of Evidence

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

1. A survey report on actual conditions;

1. A written appraisal of alcohol during blood;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 1 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. The reason for sentencing an alternative sentence of imprisonment with prison labor lies in three times before the driving of drinking or non-licensed driving. Among them, one time of traffic accident due to drinking or non-licensed driving and the occurrence of traffic accident due to escape, violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, which is considerably higher than 0.343% of alcohol content due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and it seems that the occurrence of traffic accident due to drinking or non-licensed driving of the instant case and the Defendant’s vehicle led to the occurrence of the traffic accident and the risk of driving of the instant drinking,

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