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(영문) 서울중앙지방법원 2020.08.12 2020고정798
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Any person who has violated the Motor Vehicle Management Act shall file an application for registration of transfer of ownership of a motor vehicle with the Mayor/Do Governor;

Nevertheless, the Defendant decided to purchase the term “large-type vehicle” at the Internet used vehicle sales site. On January 2012, 201, the Defendant received from the person under whose name the Plaintiff had not been registered before “C” located in Seoul Special Metropolitan City Nowon-gu, Seoul Special Metropolitan City, for KRW 3 million and did not apply for the registration of transfer of the ownership of a motor vehicle without justifiable grounds.

2. On February 21, 2012, the Defendant violated the Road Traffic Act ( sound driving) and the Guarantee of Automobile Accident Compensation Act, driving the said New FEFststol car, which was not covered by mandatory insurance at a 3km section from the Do in Seoul, Gangnam-gu, Seoul, to the front road, while under the influence of alcohol 0.076% of alcohol level around 20:35 on February 21, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. Application of statutes on investigation reports;

1. Article 81 Subparag. 2, Article 12(1) of the former Automobile Management Act (wholly amended by Act No. 13686, Dec. 29, 2015); Article 148-2(2)3, and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 15530, Mar. 27, 2018); Article 46(2) and the former Guarantee of Automobile Accident Compensation Act (wholly amended by Act No. 11369, Feb. 22, 2012); the selection of each fine for a crime

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed for the violation of the Guarantee of Automobile Accident Compensation Act, the largest penalty);

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of sentencing] A fine of KRW 50,000 from KRW 7,500 to KRW 7,000 [Pronouncement Decision] The fine of KRW 3,00,000 shall be imposed.

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