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(영문) 수원지방법원 안산지원 2019.06.05 2019고단64

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

On August 6, 2007, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1.5 million from the Seoul Northern District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million from the Incheon District Court to a fine for a violation of the Road Traffic Act on November 14, 2007.

On June 18, 2018, at around 17:50, the Defendant driven a two-wheeled vehicle with no registration of 50cc or two-wheeled 50cc or two-wheeled 50cc or more, which was not covered by the 1km mandatory insurance from the Do in front of the Sinung City to the front road in C at Silung-si, Sinung-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: To refer to inquiries and to the application of each summary order statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Sep. 28, 2018); Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act; and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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 (within the scope of summing up the maximum term of the punishments as provided for in each of the above crimes);

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

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

1. Taking into account all the circumstances, such as the accused's criminal records, blood alcohol concentration level, driving distance, etc., as the grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Probation, etc. Act, and the accused's mistake;