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(영문) 울산지방법원 2013.06.13 2013고단432

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2013 Highest 432"

1. On May 17, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act, etc. at the Busan District Court on February 13, 2008, and was sentenced to a suspended sentence of 2 years for six months due to a violation of the Road Traffic Act (driving) at the Ulsan District Court on February 13, 2008. On November 28, 2012, the Defendant was under the influence of 0.084% of blood alcohol concentration without a driver’s license on November 28, 2012. The Defendant driven a car at approximately 30 meters away from the front side of the Mapo charcoal (NC) B from the 30m radius to the front side of the department store in the same way.

2. When the Defendant violated the Resident Registration Act, at the time and place stated in the above Paragraph (1), was controlled by drinking driving, etc., and was demanded by Busan Shipping Police Station and Traffic and Traffic Safety Assistant C to produce a driver’s license, the Defendant used the Defendant’s pro-friendly DNA resident registration number in advance, thereby denying another person’s resident registration number.

3. The Defendant, at the time and place specified in the foregoing paragraph (1), prepared a drinking control notice with respect to the above D using a portable information device (PDA) and demanded the Defendant to sign, the Defendant entered the driver’s name column in the above written notification or signed, and used the driver’s name column in the above D’s name, which is a prior record of the certificate of fact, and had the above C, who is aware of the fact, transmit the above prior record to the police network as if it was duly formed.

4. When the Defendant, at the time and place specified in the foregoing paragraph (1), prepared a report on the state of his driver, and demanded the Defendant to sign, the Defendant stated that it was D in the driver’s name column in the above report and signed at any time and on the name side of the report to certify the fact.