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(영문) 제주지방법원 2017.02.16 2016고단2756

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

On December 24, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Jeju District Court, and on July 11, 2016, the Defendant issued a summary order of KRW 4 million for the same crime at the same court.

1. On November 22, 2016, the Defendant was under the influence of alcohol level of 0.091% among the blood transfusions around 06:32 on November 22, 2016, and without obtaining a driver’s license, the Defendant, in Jeju-si, driven Cone Star Correspoon at a level of 1 km from the Defendant’s residential environment in front of his/her dwelling at Jeju-si to the road located in the same Do on the road located in the same Do.

2. The Defendant forged a private document or falsified the above investigation document, at around the time specified in paragraph 1 above, and was found to have been drunkly driven by a police officer who controlled drinking on the 4th street of Honam building on the ground of the above paragraph 1, to avoid punishment, the Defendant pretended that he was the Defendant’s wife, and made a resident registration number of D in order to avoid punishment, and made a report on the driver’s circumstances at will on the name of D without authority, and forged a copy of the document under the name of D, which is a private document on the proof of facts, and submitted it to the police officer in charge of obtaining knowledge of such fact.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation;

1. The driver's license ledger (A);

1. Relevant photographs;

1. Statement of the circumstantial report on drivers of drinking alcohol and notification of the results of regulating drinking driving, and the presence of such report;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report of investigation (Attachment to a summary order of the same criminal defendant) by statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 231 of the Criminal Act (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act concerning criminal facts.