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(영문) 인천지방법원 부천지원 2018.11.23 2018고단2326

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On November 6, 2008, the Defendant was sentenced to a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving), and was sentenced to a fine of KRW 3 million for the same crime in the vice branch branch of the Incheon District Court on January 24, 2018. On May 17, 2018, the Defendant was sentenced to imprisonment of KRW 8 months and suspension of execution for the same court on May 17, 2018.

1. On July 16, 2018, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (dact-free driving) (dact-free driving) driving of a motor vehicle at approximately 300 meters away from the section of approximately 300 meters for the same 69-day road, in the condition that the Defendant was under the influence of alcohol at least two times, without obtaining a driver’s license for a motor vehicle around 05:25 on July 16, 2018.

2. The Defendant’s unlawful uttering of official document was discovered at the time and place specified in paragraph 1 at the time and at the place, and the Defendant’s official document presented the G driving license under the name of the Seoul National Police Agency Commissioner General of the Seoul National Police Agency, which was in possession of the police officer, in advance, who was requested to present a driver’s license from the police officer belonging to the Busan National Police Agency E-K Police Station.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Statement of the circumstances concerning the driver at the main place of business (G);

1. A copy of a driver's license (G);

1. The driver's license ledger;

1. A report on internal investigation:

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (the previous judgment, attachment of the judgment, and confirmation of suspension of execution), summary order, and application of text 2 of the judgment;

1. Article 148-2 (1) 1, Article 44 (1) of the Traffic Act (the point of drinking), Article 230 of the Criminal Act (the point of uttering of official documents), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. The crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes are crimes of violation of Road Traffic Act.