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(영문) 수원지방법원 2015.02.05 2014고단6225
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 power] On April 16, 2009, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (driving) at the Suwon District Court. On June 7, 2011, the Defendant was sentenced to a suspended sentence for four months by imprisonment with labor for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On September 29, 2014, the Defendant, as a holder of a two-wheeled motor vehicle, a two-wheeled 50cc motor vehicle without a license, driven the said motor vehicle without a mandatory insurance policy, in a section of about 100 meters from the road located in the three grode of the wife population in Tae-si to the 95-ro of the same Eup/Myeon, from September 23:30, 2014 to the road located in the three grode of the wife population in Tae-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of the same criminal records and records);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning criminal facts, and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflective points);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The main sentence of Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

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