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(영문) 대구지방법원 포항지원 2016.03.10 2015고단1362

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2015 Highest 1362]

1. Where a motor vehicle registered in violation of the Motor Vehicle Management Act is acquired, the Mayor/Do Governor shall file an application for registration of ownership transfer;

However, on September 2015, the Defendant did not file an application for ownership transfer registration in the name of the Defendant, even though he/she received from D one motor vehicle of C in the middle of the following: (a) purchased one motor vehicle of C in E from D in the middle of the following: (b) he/she acquired it from D; and (c) obtained it.

2. On October 9, 2015, the Defendant driven a coo vehicle while under the influence of alcohol leveling 0.167% without a vehicle driver’s license on the front side of the light equipment located in the south-gu west-gu Gyeong-gu, Seoul Metropolitan Area, at around 23:20 on October 9, 2015, while driving a coo vehicle in the direction of about 5 meters to the parking lot.

[2015 Highest 1388] On December 4, 2015, the Defendant driven a cub car in E from the front side of the main line where it is impossible to identify the trade name in the south-gu Sea-do at Port while under the influence of 0.124% of alcohol during blood, without obtaining a driver’s license, at around 00:20 on December 4, 2015, the Defendant driven a cub car in the direction of approximately 1 km from the front side of the main line where it is impossible to identify the trade name in the south-gu Sea-do at Port.

Summary of Evidence

[2015 Highest 1362]

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger;

1. Investigation report (a copy of the original register, etc. of motor vehicle registration) (Attachment of the motor vehicle registration);

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (which means driving under influence of alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (which means driving without a license), Article 81 subparagraph 2, and Article 12 (1) of the former Automobile Management Act (which means to be amended by Act No. 13686, Dec. 29, 2015);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of violating the Road Traffic Act due to driving under influence of alcohol).