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(영문) 광주지방법원 해남지원 2018.11.29 2018고단379
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On July 8, 2009, the Defendant received a summary order of 1.5 million won of a fine due to a violation of road traffic law (drinking driving) in the branch of the Gwangju District Court in Gwangju District Court on July 8, 2009. On March 17, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for the same crime in the same court on March 17, 2016, and the execution of the sentence was completed at the Mapo Prison

[2] On May 1, 2016, the Defendant purchased a vehicle from the name of the vehicle owner and actually managed and operated the vehicle from the case D (35 tax, south) in the French area where the vehicle owner was located at the end of May 1, 2016.

1. Any person who violates the Automobile Management Act shall apply for the registration of transfer of ownership of a motor vehicle to the Mayor/Do Governor within 15 days from the date of purchase;

However, the Defendant purchased a passenger car from the other D in the instant case, and did not file an application for the registration of transfer of the ownership of a motor vehicle with the Mayor/Do Governor within 15 days from May 2016.

2. 도로 교통법위반( 음주 운전), 도로 교통법위반( 무면허 운전) 피고인은 2018. 5. 15. 20:00 경 자동차 운전면허 없이 혈 중 알콜 농도 0.062% 의 술에 취한 상태로 경기 평택시 죽백 1길 41, 방아 다리 옻닭 앞 도로에서부터 같은 시 이화로 61 평 택 남산 교회 앞 도로까지 약 500 미터 구간에서 C 코란도 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances and investigation report of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. Photographs of vehicles;

1. Original Register of Automobile Registration;

1. The driver's license ledger;

1. Investigation report ( telephone conversations conducted on owner of a vehicle);

1. Previous conviction in judgment: The results of inquiry, a copy of a summary order, and the application of statutes governing the judgment;

1. Article 81 Subparag. 2, Article 12(1) (the point of violation of the obligation to transfer a motor vehicle) of the relevant Act concerning criminal facts, Article 148-2(1)1, and Article 44(1) of the Road Traffic Act, and the Road Traffic Act concerning criminal facts.

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