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(영문) 서울동부지방법원 2015.10.21 2015고단1489
도로교통법위반(음주운전)등
Text

As to the crime No. 1 in the judgment of the defendant, a fine of KRW 2,00,00, and a fine of KRW 2,3, and 4 in the judgment of the defendant are punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Justice] On June 13, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for fraud at the Seoul Southern District Court on August 26, 2013, and the judgment became final and conclusive on August 26, 2013. On June 15, 2015, the Seoul Eastern District Court sentenced the Defendant to one year of imprisonment with prison labor for embezzlement, etc., and the judgment became final and conclusive on September 10, 2015.

On the other hand, on September 21, 2007, the Defendant was sentenced to a fine of 2.5 million won due to a violation of the Road Traffic Act (driving) at the Seoul Central District Court. On September 19, 2008, the Defendant was sentenced to a summary order of 2.5 million won due to a violation of the Road Traffic Act (driving) at the Seoul Western District Court. On January 13, 2014, the Defendant was sentenced to a fine of 5 million won due to a violation of the Road Traffic Act (driving) at the Seoul Western District Court.

【Criminal Facts】

1. Any person who has taken over a motor vehicle registered in violation of the Motor Vehicle Management Act shall file an application for the registration of transfer of ownership with the Mayor/Do Governor;

Nevertheless, around June 2013, the Defendant received D's franchise-free car from directors in the name of the above company in Seo-gu Incheon, and did not apply for the registration of transfer of ownership of a motor vehicle in the name of the Defendant without justifiable grounds.

2. No motor vehicle shall be operated on a road unless it has been subscribed to a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a mandatory insurance for violating the Guarantee of Automobile Accident Compensation Act;

Nevertheless, at around 03:53 on October 23, 2014, the Defendant operated an automobile without mandatory insurance from the front day of Yodong-distance in Seoul Yangcheon-gu to the front day of the same Gu, under the influence of alcohol content of 0.130% without a driver’s license for a motor vehicle.

Accordingly, the Defendant, who was punished twice or more due to drinking driving, operated a motor vehicle without a driver's license under the influence of alcohol.

3. Forgery.

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