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(영문) 울산지방법원 2014.09.02 2014고단2061
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 23:00 on May 30, 2014, the Defendant driven a Bnew-low-XG car under the influence of alcohol content of approximately 0.15% in a section of about 800 meters from the front and front of the Glomond Slod Slod Slousea, which is located in the north-gu, Ulsan-gu, Ulsan-do, to the front and rear road in the same Dong.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

The Defendant is a holder of a new franchise XG car, and operated the said car that is not covered by mandatory insurance at the same date, time, place, such as the entry in paragraph 1.

3. Any person who has taken over an automobile registered in violation of the Automobile Management Act shall apply for the registration of transfer of ownership of the automobile within fifteen days after it has taken over;

Nevertheless, on June 2012, the Defendant purchased a car in the name of the regular manager of a limited liability company through the Internet, but did not apply for the registration of transfer of the said car ownership within 15 days thereafter.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the result of crackdown on drinking driving;

1. Report on the circumstances of the driving of a motor vehicle;

1. Mandatory insurance policies;

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 (the point of sound driving), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating a non- mandatory insurance) and Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act (the point of failing to file an application for registration of ownership transfer), the selection of each fine;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant, on March 2, 2009, has been punished as a fine of one million won for the crime of violating the Road Traffic Act on March 2, 2009. The defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, has a record of being punished as a fine of one million won.

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