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(영문) 대전지방법원 2012.11.15 2012고합46

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged in the instant case, it is not guilty of driving on August 30, 201.

Reasons

Punishment of the crime

On April 21, 2010, the Defendant sentenced eight months to imprisonment for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Daejeon District Court on April 21, 2010, and completed the execution of the sentence in the Daejeon Prison on July 20, 2010.

1. On December 12, 201, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (Free License) and the Defendant was under the influence of alcohol by 0.165% of blood alcohol level without obtaining a driver’s license on December 12, 201, while driving D small and medium-sized vehicles and driving D small and medium-sized vehicles, driving D small and medium-sized vehicles with three-lane roads in the Dong-dong, Daejeon Special Metropolitan City (Seoul Special Metropolitan City) and driving D small and medium-sized roads with five-lane roads from the opposite intersection, due to negligence in violation of the duty of due care while neglecting the duty of care, and driving E driving from the fourth side to the opposite to the front side of the Defendant’s vehicle, and driving the F its low-speed motor vehicle driving along the upper right angle of the above Defendant’s vehicle with the aggregate of 6,81,140,000 won and damages the above building’s convenience to the extent of 6,800 won and damage.

2. A motor vehicle that is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall not be operated on the road, but is operated on the part of the defendant who did not buy mandatory insurance at the same time and place as the above paragraph 1 above.

3. Although a person who takes over a motor vehicle registered in violation of the Motor Vehicle Management Act applies for the registration of transfer of ownership of a motor vehicle to the Mayor/Do Governor as prescribed by Presidential Decree, the defendant did not apply for the registration of transfer of the above small-scale motor vehicle acquired through the Internet on November 20, 201 without justifiable grounds by the expiration date of the application period.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. The actual condition survey report, the report on detection of a host driver, and the circumstantial statement of a host driver;

1. Mandatory insurance policies;