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(영문) 대전지방법원 2016.07.01 2016고단1555
도로교통법위반등
Text

A person shall be punished by imprisonment with prison labor for not less than two months and by imprisonment for not more than eight months for a crime of No. 2 as decided by the court below.

(e).

Reasons

Punishment of the crime

On February 14, 2011, the Defendant issued a summary order of KRW 2 million to a fine for a violation of road traffic law at the Daejeon District Court on February 14, 201; on October 22, 2015, the same court issued a summary order of KRW 5 million to a fine for a violation of road traffic law; on December 2, 2015, the same court was sentenced to a suspended sentence of KRW 8 months on December 10, 201 for a violation of road traffic law.

Criminal facts

1. Any person who violates the Automobile Management Act shall apply for the registration of transfer of ownership of a motor vehicle to the Mayor/Do Governor as prescribed by Presidential Decree;

Nevertheless, the Defendant paid 1.4 million won to the male in the name of the non-person who became aware of through the "C", which is the direct transaction site of the secondhand vehicle, in order to transfer the ownership of a motor vehicle in the vicinity of the apartment complex located in the Jung-gu Daejeon Daejeon, Daejeon in 2015, and the Defendant did not file an application for the registration of transfer of the ownership of a motor vehicle without justifiable grounds even though he was acquired by transfer of the DM520 motor vehicle.

2. On March 25, 2016, the Defendant violated the Road Traffic Act (drinking driving), the Road Traffic Act (dless driving), and the Guarantee of Automobile Compensation for Damages without obtaining a driver’s license on March 25, 2016, the Defendant driven a vehicle with a alcohol content of 0.211% under the influence of alcohol during blood, and the Defendant, at the Defendant’s residence in Daejeon Dong-gu, was under the influence of alcohol of 0.21%, who was not covered by mandatory insurance at the 2km section from the Defendant’s residence in Daejeon Dong-gu to the fourth street in front of the same Gu.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle with no license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of a motor vehicle, and entry in the driver's license ledger;

1. Each entry into the chassis and mandatory insurance inquiries;

1. Application of statutes stating judgment, etc.;

1. Article 148-2 (1) of the Road Traffic Act concerning facts constituting an offense;

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