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(영문) 의정부지방법원 고양지원 2014.09.25 2014고단1022

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 March 4, 2014, at around 17:55, the Defendant driven a B motorcycle without obtaining a motorcycle driver’s license, from the brain string distance in the cerebral egori-Eup Mari-gu Mari-ririri-riri-ririri-riririri-ririririri-riririririri-riririririririririri-ririririririririririri

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving a motorcycle without obtaining a license for driving a motorcycle);

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

1. Selection of imprisonment with prison labor chosen;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. commits the same crime even though the defendant had the past two times of drinking and the past four times of driving without obtaining a license. In particular, in 2008, the punishment as ordered shall be determined in consideration of the following: (a) the fact that the defendant has been sentenced to a suspended sentence of two years of imprisonment for a year of drinking due to drinking driving, driving without a license, etc.; (b) the fact that the amount of blood alcohol concentration is very high; (c) the defendant is led to a confession; (d) the driving without a license after 2008; (c) there was no history of punishment for driving without a license after 209; (d) the fact that the defendant drives a motorcycle; and (e) the criminal defendant drives a motorcycle, and other