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(영문) 대구지방법원 김천지원 2015.11.05 2015고단853
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 July 2, 2015, at around 11:25, the Defendant driven a 49CC tex without obtaining a motorcycle driver’s license from the front road of the Defendant’s residence in Kimcheon-si, to the front road of the Shodong-si, Kimcheon-si, and without obtaining a motorcycle driver’s license from approximately 4 kilometers to the front road of the Shodong-si, Kimcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of a traffic accident, reports on the current status of a driver, on-site photographs, actual survey records, license register, and details of disposition for the cancellation of a driver's license;

1. Application of Acts and subordinate statutes of double copies of criminal records, reply reports, and summary order;

1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);

1. Selection of alternative imprisonment with prison labor (referring to the same kind of power, the degree of driving, the field of accident, etc.);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (the types of vehicles driven, the fact that only the person himself/herself is involved in the accident, the fact that the person commits a mistake, and other factors such as military service relationship, support relationship, etc. shall be taken into consideration);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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