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(영문) 울산지방법원 2016.06.29 2016고단1061
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 25, 2009, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating road traffic laws at the Ulsan District Court, and on December 28, 201, the Defendant was sentenced to a suspended sentence of 2 years for a crime of violating road traffic laws, and on December 28, 201, the Defendant was sentenced to a suspended sentence of 2 years for a crime of the same offense in the same court, and the other

1. On March 30, 2016, the Defendant was driving a non-registration of about 300 meters in alcohol content 0.234% under the influence of alcohol while under the influence of alcohol content 125cc.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

2. No owner of a motor vehicle who has violated the Guarantee of Automobile Damage Compensation Insurance shall operate any motor vehicle on the road which is not covered by mandatory insurance;

The Defendant stated the instant Oral Ba in the indictment that was not covered by mandatory insurance at the time, time, and place, such as Paragraph 1, 1, the Defendant stated the instant Oral Ba as “ownership of the Defendant,” but the ownership change of Oral Ba is only caused by registration (Article 6 of the Automobile Management Act), and this error is erroneous.

However, the term “motor vehicle owner” under the Automobile Compensation Guarantee Act includes not only the owner of the motor vehicle but also the person entitled to use the motor vehicle (Article 2 subparag. 3 of the Automobile Compensation Guarantee Act). As long as the defendant, even though he is not the owner of the motor vehicle, he/she can still be recognized as the owner of the motor vehicle, as long as he/she takes over the motor vehicle of this case from B as stated

B driving as set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at the main place of business, and notification without registration, of the non-registered error (9);

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 12) Acts and subordinate statutes;

1. Criminal facts;

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