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(영문) 춘천지방법원 강릉지원 2014.08.08 2014고단501

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 June 5, 2014, at around 23:40, the Defendant driven, without a motorcycle driver's license, a motor bicycle of less than C 125cc SV125B, which was not covered by mandatory insurance on a section of about 300 meters from the roads in front of the central market in the Namyang-dong, the central market at which the blood alcohol concentration of 0.213% is in the influence of alcohol, to the front road of Samyang-dong in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. The registration ledger of driver's licenses;

1. Mandatory insurance policies (C);

1. Related photographs;

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports, investigation reports (former and previous Acts and subordinate statutes);

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) 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 each sentence of imprisonment;

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant recognized his mistake and reflects the fact that the defendant was guilty, the fact that he was punished for the same kind of crime as the favorable circumstances, such as deaf-mutes and basic living recipients, etc., shall be determined as the sentence as the order, comprehensively taking into account the various circumstances, such as the age, character and conduct, family relationship, the circumstances leading to the instant crime, and the subsequent progress