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(영문) 수원지방법원 2014.04.03 2013고단5776

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not more than ten 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. Around August 29, 2013, the Defendant was under the influence of alcohol from 06:24:06 to 0.117% of the blood alcohol concentration, the Defendant driving a C that is approximately 300 meters away from the front of a cafeteria in the south-si, the Namyang-dong, the Namyang-dong parking lot to the front road of the Kasan-dong parking lot.

2. Where anyone who has violated the Automobile Management Act takes over a registered automobile, he/she shall file an application for registration of transfer of ownership with the Mayor/Do Governor within 15 days from the date of purchase

Nevertheless, the Defendant did not register the transfer of name within 15 days without justifiable grounds, even though he/she transferred the C vehicle in cash from a male in a non-nameless place in Daegu City or lower on March 2013, and he/she did not register the transfer of name without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of the register of automobiles statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Articles 81 subparagraph 2 of the Automobile Management Act and Article 12 (1) of the Road Management Act, the choice of imprisonment, and the choice of punishment;

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

1. Article 62 (1) of the Criminal Act (i.e., confession and reflective nature);

1. Probation and community service order under the main sentence of Article 62-2 (1) and (2) of the Criminal Act;