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(영문) 창원지방법원 밀양지원 2013.10.17 2013고단478
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On December 17, 2009, the Defendant was sentenced to a fine of five million won for larceny, violation of the Road Traffic Act (unlicensed Driving) and violation of the Road Traffic Act (Unlicensed Driving), and for larceny on June 15, 2010, and two months for imprisonment for larceny in the same court. On December 30, 2010, the Defendant completed the execution of the sentence in the first prison of North Korea North Korea on December 30, 2010. On March 14, 2013, the Defendant was sentenced to a fine of five million won for the violation of the Special Act on the Settlement of Traffic Accidents, the violation of the Road Traffic Act (Non-Exclusive Driving) and the violation of the Road Traffic Act (Non-Exclusive Driving). The Defendant was sentenced to a fine of five million won for the same kind of drinking and non-licensed driving in the appellate court as well as continuous drinking and seven times.

Criminal facts

1. On July 22, 2013, the Defendant operated an ISM520 vehicle under the influence of alcohol content of approximately 0.199% without a driver’s license in the section of approximately 700 meters from the road front of the health class restaurant at the 435-3, Gyeongnam-ri, Gyeongnam-do, Seoul, to the front road of the health class restaurant at the 19:45-3 of the same day, at the same time, from around 19:50 meters of the same day.

2. Any person who has acquired a registered motor vehicle shall file an application for transfer registration with the competent Mayor/Do Governor;

Nevertheless, even though the Defendant purchased the ISM520 car from the person who was unaware of his name on February 2, 2013, around 100,000 won, the Defendant did not file an application for ownership transfer registration until May 19, 2013.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated an ISM520 car that was not covered by the mandatory insurance for automobiles at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The driver's license ledger;

1. A copy of the chassis and registration certificate; and

1. Mandatory insurance policy;

1. The vehicles subject to the investigation report; and

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