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(영문) 광주지방법원 2014.06.12 2014고단1605
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2, 2007, the Defendant was punished by a fine of 700,000 won for the violation of the Road Traffic Act at the Gwangju District Court on October 2, 2007, and the same court on September 25, 2009 has a power to impose a fine of 1.5 million won for the same crime.

1. On April 12, 2014, the Defendant driving a motorcycle without a license for a motorcycle, and on April 12, 2014, at around 0.072% of alcohol concentration, the Defendant driven a 3km without a license for a motorcycle (effective MIDS110) with a volume of 3km from the road before a Yan-gun, Young-gun, Young-gun, Young-gun, Nam-gun, Seoul, to the front road of the Yancheon-gun, Namcheon-gun, Namcheon-gun, Nam-gun, Namcheon-gun, Nam-gun, Nam-gun, and the road of the Eup.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, who is the owner of the above Oral Ba, did not subscribe to mandatory insurance, and operated the above Oral Ba at the time and place above.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and each entry in the register of driver's licenses;

1. Before holding: Application of each Act and subordinate statute to describe a criminal investigation report (a confirmation of criminal records) and a copy of a summary order;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, the main sentence of Article 46 (2) and the main sentence of Article 46 (8) of the Guarantee of Automobile Accident Compensation Act (a point of which is not mandatory insurance);

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes ( mutually between the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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