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(영문) 인천지방법원 부천지원 2014.01.15 2013고단3164
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around August 12, 2011, the Defendant received a summary order of 1.5 million won as a fine for a violation of the Road Traffic Act from the Busan District Court’s Branch, and issued a summary order of 1.5 million won on August 30, 2011. On January 27, 2012, the Defendant was sentenced to a fine of 3 million won for a violation of the Road Traffic Act at the Seoul Southern District Court’s Seoul Southern District Court on February 4, 2012 and the said judgment became final and conclusive on February 4, 2012. On April 4, 2013, the Defendant was sentenced to a fine of 3 million won for a violation of the Road Traffic Act from the Busan District Court’s Vice Branch Branch on April 12, 2013.

On October 9, 2013, at around 16:27, the Defendant driven a non-registered motor bicycle with no mandatory insurance policy without obtaining a license for a motorcycle, in a section of about 10 meters from the fluoral fluoral fluoral fluoral fluoral road in Bupyeong-si, Seocheon-si to the 227 East Asian Elementary School.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Notification of detection of an unqualified motor vehicle;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (Attachment to the same type of punishment);

1. Relevant provisions of Article 148-2 (1) 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 the main sentence of 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 of ordinary concurrent crimes (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, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. The fact that the accused reflects the wrongness under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation;

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