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(영문) 대구지방법원 2017.12.14 2017고단6146
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On September 3, 2014, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law in the Daegu District Court Kimcheon-cheon, and a summary order of KRW 6 million for a crime of violating road traffic law at the Daegu District Court on April 8, 2016.

[Criminal facts]

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

Nevertheless, the Defendant, at around 03:00 on July 6, 2017, transferred and taken over 3 million won or more from a person who was unable to know his name in the vicinity of the Susung-dong of Daegu Suwon-gu, the Defendant did not make a transfer registration of ownership of a motor vehicle within 15 days without justifiable grounds.

2. On August 19, 201, the Defendant violated the Road Traffic Act (divated driving) and the Road Traffic Act (divated driving) (divatedless driving) driving of Cina car under the influence of alcohol of about 0.059%, without obtaining a driver’s license, from the Defendant’s house located in Busan-si, to the front day of the Yancheon-dong Office located in Daegu-gu, Daegu-gu, from around 6km section from the Defendant’s house located in Busan-si, to the front day of the Yancheon-dong, Daegu-gu.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement report on the situation of a driver who takes the driving of a motor vehicle, a tea inquiry, a ledger of driver's licenses, an inquiry into the results of crackdown on the driving of a motor vehicle, an investigation report (verification of the details of transfer of ownership of the

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Article 81 subparagraph 2 of the relevant Act on the Management of Motor Vehicles and Article 12 (1) of the said Act on the facts constituting an offense (the point of application for non-registration of ownership transfer) and Article 148-2 (1) 1 and Article 44 of the Road Traffic Act.

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