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(영문) 춘천지방법원 원주지원 2016.09.06 2016고단600
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. On January 27, 2012, the Defendant has been sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (driving without a license) and a fine of KRW 4 million for a violation of the Road Traffic Act (driving without a license) in the original branch of the Chuncheon District Court on January 27, 2012, and in the same court on December 1, 2015, the same court was sentenced to a fine of KRW 4 million.

On April 15, 2016, at around 02:14, the Defendant driven a motor vehicle B with alcohol level of 0.184% under the influence of alcohol level of 0.184% without obtaining a driver’s license from the Gu terminal site parking lot located in the Masi-si in the Republic of Korea to the roads in front of the Masan-dong in the same Dong.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated the said vehicle that was not covered by mandatory insurance at the time and place mentioned in the foregoing paragraph (1).

3. Any person who has violated the Automobile Management Act shall file an application for registration of transfer of ownership of a motor vehicle with the Mayor/Do Governor within 15 days, as prescribed by Presidential Decree;

Although the Defendant received B Poter II cargo vehicles from C on October 2015 as a security for transfer in lieu of satisfaction of obligation, the Defendant did not file an application for the registration of transfer of ownership of a motor vehicle without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Data submitted by defendants, such as motor vehicle registration certificates;

1. Inquiries about information on non-life insurance and information on non-life insurance operations;

1. Investigation report (the counter investigation of the president E);

1. Report on actions taken against an employer, report on the status of an employer-employed driver, and report on the status of an employer-employed driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: An inquiry letter and application of summary order-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of without a license).

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