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(영문) 서울중앙지방법원 2014.10.08 2014고단6039
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

1. On September 9, 201, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) by having received a summary order of KRW 2.5 million from the Seoul Central District Court to a fine of KRW 2.5 million for a violation of the Road Traffic Act, and on January 29, 2013, the Defendant violated the provisions concerning prohibition of drinking, such as receiving a summary order of KRW 2 million for a fine of KRW 2 million from the same court due to a violation of the Road Traffic Act.

On July 29, 2014, at around 22:00, the Defendant driven the BL125 motorcycle while under the influence of alcohol content 0.116% without obtaining a motorcycle driver's license from the front of the East apartment located in the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, to the 203rd road.

2. No automobile which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated a two-wheeled automobile not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous records of judgment: Application of inquiry reports and investigation reports (Attachment to a summary order of the same kind of crime), such as criminal records;

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

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

1. Imprisonment with prison labor for each option of the crime of the same kind (applicable to the same kind);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that he/she has no criminal record of suspended sentence of imprisonment or more, and his/her depth reflects

1. The sentencing of Article 62(1) of the Criminal Act is suspended.

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