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(영문) 춘천지방법원 영월지원 2015.04.21 2015고단31
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

Nevertheless, the Defendant did not file an application for registration of transfer of ownership of the said vehicle without justifiable grounds despite having received C Poter from a policeman B on November 2014.

Accordingly, the defendant did not apply to the Mayor/Do governor for the transfer registration of automobile ownership even though he received the registered automobile.

2. On December 9, 2014, the Defendant violated the Road Traffic Act and the Guarantee of Automobile Accident Compensation Act: (a) around December 19, 2014, the Defendant driven a CPoter, Cposcoper, which was not covered by the automobile mandatory insurance, while under the influence of alcohol content of approximately 0.134% at the section of about 1.4 km from the front day of the day of the package of the Jeju YY-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Investigation report (verification of whether to purchase mandatory insurance), and application of Acts and subordinate statutes on the register of driver's licenses;

1. Relevant Acts concerning criminal facts: Articles 148-2 (2) 2, and 44 (1) of the Road Traffic Act; Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act; Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant was sentenced to a suspended sentence for the same crime in around 2007 and was sentenced to a four-time fine even thereafter. However, for the last five years, the Defendant was not a criminal record due to drunk driving, and other various conditions of sentencing, including the Defendant’s age, character and conduct, environment, and circumstances after committing the crime.

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