beta
(영문) 수원지방법원 2014.12.18 2014고단5460

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On September 26, 2014, the Defendant driven a two-wheeled vehicle without registration owned by the Defendant from the front of Gwangju City to the front of the wife population at the time of Gwangju City, while under the influence of alcohol of 0.362% of blood alcohol without a motorcycle driver’s license on September 21, 2014.

2. The Defendant violating the Guarantee of Automobile Accident Compensation Act is a holder of a two-wheeled vehicle that is subject to mandatory insurance.

The Defendant did not purchase a mandatory insurance policy with respect to the above two-wheeled automobile, but operated the said two-wheeled automobile at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the status of the driver;

1. Registers of driver's licenses;

1. Application of statutes on site photographs;

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

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the reflection of the fact and the absence of any record of punishment exceeding the fine due to the same kind of crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Article 62-2 (1) of the Criminal Act to attend lectures;