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(영문) 대구지방법원 2017.01.24 2016고단6066

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight 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 June 1, 2007, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating road traffic law in the Seo-gu District Court Branch of the Daegu District Court due to a violation of road traffic law. On November 9, 2012, the Defendant was sentenced to a suspended sentence of 2 years for the same crime, etc.

[Criminal facts]

1. On October 20, 2016, the Defendant violated Article 44(1) of the Road Traffic Act at least twice in violation of the Road Traffic Act (drinking) and the Act on Guarantee of Compensation for Automobile Damages. On October 20, 2016, the Defendant driven a wing wing car without obtaining a driver’s license from a section of about 70 meters in a distance of about 0.168% in alcohol level during blood while under the influence of automobile insurance for about 0.168%, from a section of 70 meters in front of the right to a right to a right to a right to a right to a right to a right to a right to a right to a right to a right to a right to a right to a right to a right to a right to a right to a right to a right to a right to a motor vehicle.

2. Any person who violates the Automobile Management Act shall apply for the registration of transfer of ownership of a motor vehicle to the competent authority;

Nevertheless, in 2007, the Defendant acquired the wing-wing car from C at the place of the border straw, and did not file an application for ownership transfer registration in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on the results of crackdown on the driving of alcohol, a tea inquiry, a mandatory insurance inquiry, and the ledger of driver's licenses of motor vehicles;

1. Previous convictions in judgment: Application of the provisions of Part III, such as a reply to inquiry, written judgment, etc., including criminal history;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 subparag. 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages; Article 81 subparag. 2, and Article 12 subparag. 1 of the Automobile Management Act (cases of application for registration of ownership transfer);

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.