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(영문) 대전지방법원 홍성지원 2014.03.26 2014고단21
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

except that 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. On September 20, 2013, the Defendant driven an 110 knife vehicle from the Southern-gun, Seocheon-gun, Seocheon-gun to the Military Demsan-si to the same 15km-do road without obtaining a motorcycle driver’s license on September 15, 2013, in the direction of drinking alcohol content of about 0.131%.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, instead of purchasing mandatory insurance, driven an 110-wheeled vehicle at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A fact-finding survey report and a report on detection of a host driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

1. Relevant statutory driving for a crime: Operation of a motor vehicle without a license for a motorcycle under Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act: Subparagraph 2 of Article 154 and the text of Article 43 of the Road Traffic Act: Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the text of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, and a violation of the Road Traffic Act, of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed for a violation of the Road Traffic Act heavier than the punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant had been punished several times due to drinking and driving without a license, but again, committed the instant crime.

Although the defendant needs convenient means of movement such as a motor vehicle due to the inconvenience of operation, he/she may be licensed.

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