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(영문) 창원지방법원 거창지원 2015.11.04 2015고단262
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[207. Oct. 18, 2007, the Defendant was sentenced to imprisonment with prison labor for 8 months, suspended sentence two years, and imprisonment with prison labor for a violation of the Road Traffic Act at the Changwon District Court on February 16, 2012.

In addition, on October 16, 2014, the Defendant was sentenced to eight months of imprisonment for a violation of the Road Traffic Act at the Changwon District Court on the charges of violation of the Road Traffic Act, and completed the execution of the sentence in the Busan Prison on April 26, 2015.

(Criminal) Although the Defendant had been punished twice or more due to the crime of violating the Road Traffic Act (driving) as above, the Defendant driven a Ctecin car on August 14, 2015, which was not covered by mandatory insurance without a driver’s license in the 2km section of approximately 0.272% of the blood alcohol concentration from the front side of the Song Chang-gun, Chang-gun, Chang-gun, Seoul to the road near the building site located in the same Eup/Myeong-ri.

[2015 Height 265] A person who takes over a registered motor vehicle shall file an application for the registration of transfer of the ownership of a motor vehicle with the Mayor/Do Governor within 15 days from the date of purchase as prescribed by Presidential Decree.

Nevertheless, even if the Defendant purchased a vehicle from a person who was unaware of his name at any place located in the Si of Gyeongsan on July 2015, the Defendant did not apply for the registration of transfer of ownership in the name of the Defendant without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Each investigation report (Attachment to the motor vehicle register, and attach a vehicle photograph);

1. Registers of driver's licenses and mandatory insurance;

1. Previous records: Application of criminal records, inquiry reports, and criminal investigation reports (verification of attachment of judgment, etc. of the same type of crime and date of final release from the military court) Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 of the Road Traffic Act concerning the facts constituting the crime;

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