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(영문) 춘천지방법원 강릉지원 2018.03.29 2017고단1548
도로교통법위반등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On November 26, 2017, the Defendant was under the influence of alcohol leveling from approximately 100 meters to about 0.194% of alcohol leveling from the 100-meter section of the blood, while driving a cuber vehicle under the influence of alcohol leveling from around 00:25 to around 27:5, the 422-7 “Kagman” ahead of the Gangseo-si, Gangnam-si, Gangnam-si, Jne-si, and the 185-ro, Gangnam-si, Jne-si.

2. Any person who violates the Automobile Management Act shall, when he/she takes over a registered motor vehicle, file an application for the registration of transfer of ownership with the Mayor/Do Governor;

Nevertheless, the Defendant did not apply for the registration of the transfer of name within 15 days without justifiable grounds, even though he/she acquired the above vehicle from a person who was unable to receive his/her name (hereinafter referred to as "C") at an insular place (hereinafter referred to as "G"), in February 2017.

3. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any automobile which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the said vehicle not covered by mandatory insurance at approximately 100 meters away from the front of the 422-7 "Kaemane" road in Gangnam-si, Gangnam-si, Gangnam-si, to the back of approximately 185 mn-ro 185, Gangnam-si, Gangnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site photographs;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Making teas;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to report on investigation (investigation into the relationship of possession of a suspected vehicle);

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 2, 44 (1) of the Road Traffic Act (the point of drinking), Articles 81 subparagraph 2, and 12 (1) of the Automobile Management Act (the point of failing to file an application for registration of ownership transfer), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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