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(영문) 의정부지방법원 2014.09.16 2014고단2288

도로교통법위반(음주운전)등

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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 of the final judgment.

Reasons

Punishment of the crime

1. On June 20, 2014, the Defendant driven a motor bicycle B 110cc in the section of approximately 300 meters from the front side of the Abridge in the Gancheon-gun New Documents in Gyeonggi-do, Gyeonggi-do, to the river side of the Gancheon-gun, with the influence of alcohol by 0.227% of the blood alcohol concentration without obtaining a motorcycle driver’s license on June 20, 2014.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated the B motorcycle which was not covered by mandatory insurance at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a drinking driver, report on the status of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant provisions of Article 148-2 (2) 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) and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the facts constituting an offense;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007)

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

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