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(영문) 창원지방법원 거창지원 2019.10.02 2019고단189
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On May 4, 2012, the Defendant was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on May 4, 2012; on June 19, 2015, a summary order of KRW 7 million for a violation of the Road Traffic Act (driving) was issued by the same court; on September 20, 2017, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) at the Changwon District Court's Changwon District Court's branch for a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. On May 14, 2019, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) on two or more occasions, and driven a E-Poter truck at a 1km section from the front of a cafeteria “C” restaurant located in the Gyeong-gun, Chang-gun without a vehicle driver’s license, while under the influence of alcohol at least 0.253% of alcohol level, around 20:56 on May 14, 2019.

2. Any person who has acquired a registered motor vehicle by transfer shall file an application for registration of transfer of ownership with the Mayor/Do Governor, as prescribed by Presidential Decree;

Nevertheless, even though the Defendant died on May 29, 2018 and succeeded to the above E-W cargo vehicle on May 29, 2018, the Defendant did not file an application for the transfer registration of the ownership of a motor vehicle with the Mayor/Do Governor within six months from May 31, 2018, which was the end of the month in which the date the inheritance commences, without justifiable grounds

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

1. Report on the results of the drinking driving control, the notification of the results of the drinking driving control, and the circumstantial statement of the drinking driver;

1. The ledger of driver's licenses;

1. Theateral reference (E);

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports (a), and statutes during the period of suspension of execution;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); and the Road Traffic Act.

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