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(영문) 전주지방법원 2014.11.21 2014고단1644
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On January 10, 2012, the Defendant was sentenced to a summary order of a fine of five million won for a crime of violating the Road Traffic Act at the Jeonju District Court on January 10, 2012, and on August 24, 2012, the Defendant was sentenced to a suspended sentence of one year for the same crime at the same court.

【Criminal Facts】

1. Around 02:20 on August 8, 2014, the Defendant driven a BF Laol car under the influence of alcohol concentration of 0.234% at the front of the public service center for viewing electric poles, which is located in the west-gu Seoul Metropolitan City, Seowon-gu. In front of the public service center for viewing electric poles, while under the influence of alcohol.

2. No person shall operate any motor vehicle which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the CMF rocketing car that was not covered by mandatory insurance at the time and place specified in Paragraph 1.

3. Any person who takes over an automobile registered in violation of the Automobile Management Act shall file an application for registration of transfer of ownership.

Nevertheless, the Defendant acquired the BEF rocketing car registered in the name of E and one other from D, a patrolman on April 201, but did not transfer the ownership of a motor vehicle to the competent Mayor/Do governor.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Inquiry into the enemy;

1. Mandatory insurance policies;

1. Application of statutes on motor vehicle registration certificates;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 (2) of the Automobile Accident Compensation Act, Article 81 subparagraph 2 of the former Automobile Management Act (amended by Act No. 10721, May 24, 201); Articles 81 subparagraph 2 and 12 (1) of the former Automobile Management Act (amended by Act No. 10721, May 24, 201); Articles 1

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in the offense of violation of the Road Traffic Act of the largest punishment) shall be 1.

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