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(영문) 의정부지방법원 고양지원 2014.05.23 2014고단340

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 September 10, 2009, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act, and KRW 5 million as a fine in the same court on October 25, 2012.

1. On December 1, 2013, the Defendant: (a) driven a 125-C motorcycle while under the influence of alcohol content of about 0.109% without a driver’s license, from around 69-30 meters to around the 180-3rd PC of the same day from the front of the 69-F restaurant located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu to the 180-3rd PC; (b) on December 23:25, 2013.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of a non-registered 125cc. motor bicycle.

No automobile which is not covered by the mandatory insurance shall be operated on a road.

Nevertheless, the defendant operated the above motorcycle without mandatory insurance at the same time and place as Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on detection of drivers, one suspect in the register of driver's licenses, and photographs and photographs, such as black boxes;

1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation reports (report attached to the same kind of judgment);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2, and 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 imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

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

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;