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(영문) 인천지방법원 부천지원 2013.05.08 2013고단144
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 30, 2012, at around 04:05, the Defendant driven a motorcycle with an engine displacement of about 124cc with an engine displacement of about 0.211% under the influence of alcohol without a motorcycle driver's license from the front side of the Seocheon-si, Seocheon-si, Seocheon-si to the road in front of the Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, the Defendant driven a motorcycle with an engine displacement of about 3K meters without a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on detection of a host driver and a circumstantial report;

1. A report on the situation of operation without a license;

1. Application of the statutes on the register of driver's licenses;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that there are records of the same kind within the period, but there are no other records of the same kind, age, character and conduct, and other circumstances);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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