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(영문) 춘천지방법원 강릉지원 2016.01.29 2015고단1358
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 7, 2009, the Defendant was sentenced to a fine of KRW 1 million on the grounds of a violation of road traffic law at the Gangnam Branch of the Chuncheon District Court, and a fine of KRW 4 million on July 22, 2013 by the same court, respectively.

[Criminal facts]

1. On November 12, 2015, the Defendant driving CT 10 motor bicycle without obtaining a motor bicycle driver’s license under the influence of about 0.160% of alcohol content from the 1.5km section at the 1.5km to the lower west side of the lower 102, in a case where the Defendant was under the influence of alcohol at about 13:35 on November 12, 2015.

2. The Defendant violated the Guarantee of Automobile Compensation Act, who was a bicycle rider, was driving the motor bicycle without mandatory insurance at the same time and place as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reports on the occurrence of traffic accidents, reports on actual condition, photographs related to accidents, reports on the detection of drivers engaged in driving, reports on the circumstances of drivers engaged in driving, registers of driver's licenses (A), tea inquiries and inquiries into mandatory insurance (C);

1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on the results of confirmation of the previous convictions in disposition, and application of Acts and subordinate statutes to investigation reports (Attachment to

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Damage Compensation Act, Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of long-term punishments) to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1.Article 62(1) of the Criminal Act (which is against the law of justice).

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