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(영문) 대전지방법원 2018.01.23 2017고단3579
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 18, 2016, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act (driving), etc. at the Daejeon District Court on December 15, 2017, and was sentenced to a fine of five million won due to a violation of the Road Traffic Act at the Daejeon District Court on December 15, 2017, and was sentenced to a fine of five million won or more.

[Criminal facts]

1. On August 19, 2017, the Defendant: (a) while under the influence of alcohol at around 11:30, the Defendant driven a bicycle for a motor-tex engine without obtaining a motor device bicycle driver’s license, from the front day of a restaurant with no knowledge of the name located in the Seo-gu, Seo-gu, Seoul Metropolitan City without obtaining a motor device bicycle’s license; (b) from the front day of a restaurant with no number plate up to 86, before the 86th day of the former Public Procurement Service.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not mandatory insurance;

Nevertheless, the Defendant operated a bicycle with no number plate at the time and place specified in the preceding paragraph without purchasing mandatory insurance at the time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (simplified traffic) made by the police against B;

1. Statement report on the situation of a driver driving, results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, reporting on the results of confirmation of the previous convictions in disposition, and applying Acts and subordinate statutes to investigation reports (a) a summary order related to the previous convictions and written indictment

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Articles 46 subparag. 2 and 8 of the Guarantee of Automobile Compensation Act (the operation of an automobile which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 of the Criminal Act for mitigation of amount;

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