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(영문) 대전지방법원 홍성지원 2013.11.20 2013고단790
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

On May 19, 2008, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act in the Hongsung Branch of Daejeon District Court on May 19, 2008, and on October 11, 2012, issued a summary order of KRW 4 million for the same crime.

On September 4, 2013, at around 17:00, the Defendant driven C Daekya, which was not covered by mandatory insurance without a motorcycle driver’s license, from approximately 50 meters away from the road front of the upper village of the Hongsung-gun, Hongsung-gun, to the road front of the Gulsan Public Health Center located in the same Ri to the road front of the Gulsan Public Health Center located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition survey report;

1. On-site photographs;

1. The ledger of driver's licenses (the 19 pages of the investigation records);

1. Mandatory insurance;

1. A report on detection of a host driver;

1. Report on circumstantial statements;

1. Investigation report ( investigation of the counter party E);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification reports on the same kind of records);

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 after violating two or more 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 (the point of operating automobiles which are not mandatory insurance);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act and between the violations of the Road Traffic Act and without a license), and the punishment imposed on a violation of the Road Traffic Act of which the punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes of violating the Road Traffic Act with heavier punishment)

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Circumstances in which the following reasons for sentencing are described):

1. Suspension of execution;

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