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(영문) 춘천지방법원 2013.04.04 2013고단50
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

Criminal power is sentenced to a fine of one million won for a violation of the Road Traffic Act at the Chuncheon District Court on March 16, 2010, and is sentenced to a fine of two hundred and five million won for the same crime in the same court on October 7, 2011.

Criminal facts

At around 21:50 on October 30, 2012, the Defendant, as the owner of the B-to-pur vehicle, driven the said vehicle without mandatory insurance without obtaining a driver’s license, in a section of about 1km from the parking lot in front of the so-to-pur vehicle to the front route of the Yang-to-pur hospital located in the same Ri, Yang-gu, Yang-gu, Yang-gun, Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. A report on detection of a host driver;

1. Mandatory insurance policies;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of data of the same kind of suspect);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (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. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating of concurrent crimes within the extent that the sum of the punishment imposed for a violation of the Road Traffic Act heavier than the punishment and the long-term punishment for a violation of the Guarantee of Automobile Accident Compensation Act is aggregated);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Order to attend lectures under the Criminal Act;

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