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(영문) 춘천지방법원 원주지원 2015.11.18 2015고단884

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 31, 2013, the Defendant received a summary order of a fine of three million won or more due to a violation of the Road Traffic Act (driving) from the original branch of the Chuncheon District Court on October 31, 2013. On August 24, 2015, the Defendant received a summary order of a fine of five million won or more due to a violation of the Road Traffic Act (driving) in the same court.

1. Around 08:30 on September 15, 2015, the Defendant driven a registered motorcycle under the influence of alcohol concentration of 0.159%, without obtaining a driver’s license, from a section of about 300 meters in the direction from the front of the Defendant’s residence in the Haju-si B to the front of the Saturdays in the 27-6 U.S. Hari-si, Hari-si. In addition, the Defendant driven a unregistered motorcycle under the influence of alcohol concentration of 0.159%.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of a registered motorcycle.

The Defendant operated a unregistered motor bicycle not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind as a suspect);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order taking into account the reflection of the reason for sentencing under Article 62-2 of the Criminal Act, the previous conviction and majority of the same fine, and the drinking volume, etc.;