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(영문) 의정부지방법원 2016.11.25 2016고단3805
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

[criminal record] On July 21, 2014, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on July 21, 2014, and was sentenced to a fine of KRW 3.5 million by the same court on November 27, 2014.

【Criminal Facts】

1. On September 5, 2016, around 14:50 on September 5, 2016, the Defendant driven the CIT ACE2 110cc Austria in a state of alcohol alcohol concentration 0.242% on the road front of the 899 river machinery from the roads near the Sincheon-si, Sincheon-si to a snow movement host station in the same city.

2. No person shall operate any motor vehicle which is not covered by a mandatory insurance;

Nevertheless, the defendant operated a motor vehicle without purchasing mandatory insurance, such as the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (Attachment to judgment of a same kind driving under the influence of alcohol);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating motor bicycles not covered by mandatory insurance), and the choice of imprisonment, respectively;

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 Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there are six times the records of punishment due to drinking or unlicensed driving, and that the blood alcohol concentration of the instant case is relatively favorable: The Defendant was aware of the instant crime, that there was no record of punishment exceeding the fine, that there was no record of disposal of the instant motorcycle in the meaning of self-esteem, and that the instant motorcycle was disposed of, otherwise, such as the Defendant’s age, character and behavior, environment, means and consequence of the instant crime, and the circumstances after the crime, etc.

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