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(영문) 의정부지방법원 2013.11.08 2013고단3018
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who has driven under the influence of alcohol twice or more after having been sentenced to a summary order of a fine of two million won or more for the crime of violating the Road Traffic Act at the District Court of Jung-gu on February 15, 2007, and on October 17, 2008 by the same court as the same crime.

On September 13, 2013, at around 00:04, the Defendant driven a scooters (124cc) without obtaining a motorcycle driver’s license in the state of alcohol with a blood alcohol concentration of 0.241%, and driving a scoo (124c) at the section of approximately 300 meters from the front of the two sides of the two sides of the Seocheon-si in the two sides of both sides of the city to the front of the same scood taxi.

2. A person violating the Guarantee of Automobile Accident Compensation Act is prohibited from operating a motor vehicle that is not covered by mandatory insurance, but the Defendant operated a non-registered scooter (124C) as provided in the preceding paragraph without purchasing mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared B;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Making a report on the control of drinking driving;

1. Investigation report (report on attachment to inquiries into non- mandatory insurance);

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol not less than three times), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (the point of driving under license for a motorcycle) concerning criminal facts, Article 46 (2) 2 and the main sentence 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;

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. Article 62 (1) of the Criminal Code of the Republic of Korea can be applied to the suspended sentence, and it is very high to drinking, but it is against the law.

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