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(영문) 대구지방법원 2014.11.27 2014고단4691
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

1. Around 22:50 on August 8, 2014, the Defendant violated the Road Traffic Act (driving) driven a C Ecoos car with approximately KRW 500 meters alcohol content 0.181% under the influence of alcohol on the part of the Defendant’s house through the road in front of the Defendant’s house located in Daegu Southern Branch B via the road in front of the same 84-1 front of the same wing-ro 84-1.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate an automobile which is not covered by mandatory insurance;

Nevertheless, the Defendant driven a C EcooS car that is not covered by mandatory insurance at the time and place specified in Paragraph 1.

3. Any person who has taken over a registered motor vehicle shall file an application for registration of transfer of ownership with the competent Mayor/Do Governor;

Nevertheless, at around July 29, 2014, the Defendant acquired the said Ecoos car from a person who was not injured and did not apply for the registration of transfer in the name of the Defendant.

Accordingly, the Defendant did not apply for the registration of transfer of ownership of a motor vehicle without justifiable reasons even though he received the registered motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

1. Mandatory insurance policies (C) vehicles;

1. Automobile register;

1. Application of Acts and subordinate statutes to the investigation report (the blood alcohol concentration mark of a suspect at the time of the accident);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2, 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating vehicles not covered by mandatory insurance), Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act (the point of application for registration of ownership transfer), the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Order to attend a law-abiding lecture under Article 62-2 of the Criminal Act

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