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(영문) 대구지방법원 포항지원 2020.06.10 2020고단372

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[Criminal Power] On August 17, 2009, the Defendant was issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court.

【Criminal Facts】

1. On January 2, 2020, the Defendant driven a F QM5 vehicle under the influence of alcohol concentration of 0.05% without obtaining a driver’s license from the front of C in the north-gu, Northern-si, Pohang-si, Posi, to the (ju) Ethy in the same Gu, at approximately 3.5 km.

Accordingly, the defendant, who violated the prohibition of drinking driving, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act is a holder of F QM5 automobiles.

No one shall operate any motor vehicle on a road which is not covered by mandatory insurance prescribed by the Guarantee of Automobile Accident Compensation Act.

Nevertheless, the Defendant operated the said QM5 car, which was not covered by mandatory insurance, at the time and place mentioned in the above Paragraph 1.

3. On January 2, 2020, the Defendant: (a) committed unlawful uttering of official documents; (b) forged the signature of “K” in the driver’s signature in the driver’s signature column; (c) forged the signature of “K” in the driver’s signature in order to use the official document issued by the police officer of the Gyeong-gu Police Agency, who was in possession of the Defendant, to present the driver’s license for an official document issued by the Defendant to K; and (d) continuously requested the above policeman to sign the driver’s signature in the driver’s signature column for the purpose of using the official document issued by the police officer of the Gyeong-gu, Gyeong-gu, Gyeong-gu, Gyeong-si, Gyeong-si; and (c) knowingly, the Defendant submitted the above document to the above policeman and exercised the forged signature.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1.K which is submitted by the suspect;