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(영문) 의정부지방법원 2019.05.28 2019고단599
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

On February 6, 2019, the Defendant, as a holder of a 72c motor bicycle without a license for a motorcycle on February 20:25, 2019, driven the above motorcycle that was not covered by mandatory insurance at a approximately 500-meter section from the influoral road on the influoral side of the game, to the ckis in the middle of the Gyeonggi-gun, under the influence of alcohol content 0.064%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Notification of vehicles violating the Automobile Management Act;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime 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. The punishment provided for in Articles 40 and 50 of the Criminal Act (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant again commits the instant crime even if he/she had been tried for the same kind of crime, that the defendant does not have any criminal record exceeding the fine, that he/she does not have any criminal record, that he/she is blood alcohol concentration, the distance and place of driving, the age, character and conduct and environment of the defendant, motive, means and consequence of the instant crime, and other conditions of sentencing specified in the pleadings of the

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