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(영문) 광주지방법원 2014.02.12 2013고단5641
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

1. Around 15:35 on October 15, 2013, the Defendant was driving a 100 occinal at the time of without registration, under the influence of alcohol content of about 0.158%, while under the influence of alcohol content of 0.158%, without obtaining a license for a motorcycle in the section of about 1km from the 1kth to the 78-6 occinal occinal occinal occinal occinal o.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of 100 Oral Ba, operated the said Oral Ba, which was not covered by mandatory insurance at the time and place above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Report on the circumstances of driving under the influence of alcohol and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to investigation reports (case guards);

1. Relevant provisions of Article 148-2 (2) 2, 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 criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act, with heavier punishment);

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 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act allows the defendant to have the same criminal records for the reason of sentencing, and at the same time, it is necessary to strictly punish the defendant, and thus, the defendant is willing not to repeat the crime of this case, against the recognition of the crime of this case, and the defendant is subject to probation to prevent recidivism in consideration of the circumstances before and after the crime of this case.

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