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(영문) 수원지방법원 2016.10.20 2016고단3426
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

On November 3, 2008, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Ulsan District Court, and on May 21, 2013, a summary order of KRW 4 million for the same crime at the Busan District Court.

1. Any person who has taken over a motor vehicle registered in violation of the Motor Vehicle Management Act shall file an application for registration of transfer of ownership of a motor vehicle with the Mayor/Do Governor within 15 days from the date of acquisition;

Nevertheless, the Defendant paid 3 million won to the person who was unaware of his name in the French-gu Incheon Gyeyang-gu, Gyeyang-gu, Incheon, on November 1, 2015, and took over the B Orus car from then, but did not apply for the registration of transfer of ownership within 15 days from the date of acquisition without justifiable grounds.

2. On February 24, 2016, the Defendant was driving the said BH car within the two kilometers of approximately two kilometers from the front side of the Supon Market located in the Supong-gu, Supong-gu, Supon-si, to the road of about 20-1, while under the influence of alcohol of 0.064% of blood alcohol without a driver’s license, and without a driver’s license.

3. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance of motor vehicles;

Nevertheless, the Defendant operated the car without mandatory insurance at the time and place, such as Paragraph 2.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the actual state of the driver;

1. The register of automobiles and the history of medical insurance (B);

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Article 81 subparagraph 2 of the Automobile Management Act and Article 12 of the same Act concerning facts constituting an offense;

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