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(영문) 의정부지방법원 2018.03.21 2017고단3436
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 2, 2014, the Defendant was sentenced to a summary order of KRW 3 million for a violation of road traffic law (driving), etc. at the Jung-gu District Court on the same day. On December 22, 2015, the Defendant was sentenced to a fine of KRW 2 million for the same crime in the same court.

[2] Although Defendant 1 had been punished for drinking driving two or more times as above, Defendant 2 driven D non-viber 125cc ckis not covered by mandatory insurance on the 15-15th road of Dongbcheon-si, Dongbcheon-si, where Defendant 2 was under the influence of drinking 0.158% of alcohol while he was under the influence of drinking at around 15:10 on April 15, 2017 without obtaining a bicycle bicycle license for a motor device, the alcohol content of which is 0.158%.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a report on the results of crackdown on drinking driving, and a report on the detection of a driver engaged in driving;

1. The register of vehicle drivers, inquiry into mandatory insurance, and driver's licenses;

1. On-site photographs;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of judgment, etc.);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a motor vehicle which is not mandatory insurance);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 (1) and (2) of the Criminal Act on the observation of protection and observation;

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