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(영문) 인천지방법원 2017.06.14 2017고단2119

도로교통법위반(무면허운전)등

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal history] On August 8, 201, the Defendant received a summary order of KRW 5 million from the Seoul Southern District Court to a fine of KRW 5 million due to a violation of road traffic laws (drinking), and on February 18, 2016, the Incheon District Court issued a summary order of KRW 4 million from a fine of KRW 1 million due to a violation of road traffic laws (drinking).

[Criminal facts]

1. On February 15, 2017, the Defendant driven the E-ri-ri-ri vehicle owned by the Defendant under the influence of alcohol concentration of about 0.146% without the driver’s license on a section of about 12km from the roads near the Bupyeong-gu Incheon Bupyeong-gu, Incheon to the front road of the e-ri apartment.

2. On February 15, 2017, the Defendant was required to submit a driver’s license after measuring drinking on the front day of the Y apartment, Seo-gu, Seo-gu, Incheon, Seo-gu, Incheon, Seodong-gu, Incheon, the F District Police Station G around the police station of Seo-gu, Incheon.

Accordingly, the defendant 1, who was a public document that was kept in his custody in the end of the foregoing 1. paragraph, presented the defendant's first class common driver's license under the name of the police officer of the Gyeongnam-nam Regional Police Agency, as if he was his driver's license, and illegally displayed the official document.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. G statements;

1. A report on the circumstantial statement of the driver who is placed in the main place, the driver's license ledger, arrest report or internal investigation;

1. Previous convictions in judgment: Application of three-minutes of inquiry, such as criminal history, and written summary orders;

1. Driving a driver under the influence of alcohol on the relevant criminal facts: The occupation of driving without a license under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act for the illegal use of official documents under Articles 152 subparagraph 1 and 43 of the Road Traffic Act: Article 230 of the Criminal Act;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act (driving without a license) and the crimes of violation of the Road Traffic Act (driving without a license), and the punishment provided for the crimes of violation of the Road Traffic Act with a heavier punishment);

1. Selection of penalty: