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(영문) 창원지방법원 진주지원 2018.01.30 2017고단1068
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On May 10, 2013, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (drinking) at the Changwon District Court’s Busan Branch Branch on May 10, 201, and a fine of KRW 6 million by the same court on July 1, 2016, respectively.

[Criminal facts]

1. On September 11, 2017, the Defendant violated the Road Traffic Act (drinking driving), the Road Traffic Act (dless driving) and the Automobile Compensation Guarantee Act (diceing driving) without obtaining a driver’s license on around 23:05 on September 11, 2017, and the Defendant driving C’s “TR XG” car not covered by mandatory insurance in the section of about 8 km to the 8km front of the gratomatom of the red grash, under the influence of alcohol content 0.105% in the south-west Sea of Gyeongnam-gun in the state of under the influence of alcohol content 0.105%.

2. Any person who violates the Motor Vehicle Management Act shall, upon receipt of a registered motor vehicle from the Mayor/Do Governor, file an application for the registration of transfer of ownership;

Nevertheless, the Defendant received a “D” car volume from a person who was in the name of “D” from a person who was unable to perform his/her duties in the Masan-si Masan Port on August 2010 and did not file an application for the registration of transfer of ownership of a motor vehicle until the date specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving at home and report on the situation of driving without a license;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Inspection of the register of motor vehicles (A), and related photographs;

1. Before judgment: Application of Acts and subordinate statutes to inquiries about criminal history, reporting on the results of confirmation of the previous conviction and previous conviction of disposition, reporting on investigation (verification of the same type of force), and a copy of summary order;

1. Article 148-2(1)1, Article 44(1)1, Article 152 Subparag. 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense, and Article 81 Subparag. 2, and Article 12(1) of the Automobile Management Act (the registration of ownership transfer of a motor vehicle);

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