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(영문) 인천지방법원 부천지원 2014.07.09 2014고단1172

도로교통법위반(무면허운전)등

Text

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

Reasons

Punishment of the crime

[Criminal Power] On May 16, 2013, the Defendant was sentenced to a fine of KRW 7 million from the Seoul Southern District Court to a fine of KRW 6 months due to a violation of the Road Traffic Act, etc., at the Incheon Southern District Court’s Branch, for the following reasons: (a) the Defendant was sentenced to a suspended sentence of six months; and (b) the Defendant was sentenced to a fine of KRW 7 million from August 8, 2013.

【Criminal Facts】

1. Around 22:50 on March 28, 2014, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) driven Crocketing car under the influence of alcohol of about 0.115% of the blood alcohol concentration without obtaining a driver’s license at the section of about 200 meters from the front of the original fest district located in the Orcheon-si, Orcheon-si to the front road.

2. The Defendant: (a) discovered a suspected charge of drunk driving, etc. at the above date, time, and place; (b) was asked questions about personal information from AD in the traffic management department of the Bupyeong-gu Police Station; (c) was aware of his/her identity as Dong E; (d) was aware of his/her resident registration number; and (c) signed the report on his/her driving; and (d) was forged for the purpose of exercising the signature of E by signing “E” in the driver’s signature column

After that, the defendant submitted to the above D a written report on the driver's identity to the above D who was aware of the forgery.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of driving under the influence of alcohol, report on the control of driving under the influence of alcohol, report on the management of and inquiry into the reports on driving under the influence

1. The ledger of driver's licenses;

1. A written report from an employer to the driver;

1. Each investigation report (personal details stolen of suspects, specific suspect);

1. Previous records of judgment: Application of criminal records, investigation reports (verification of facts, such as the previous records of a suspect and the period of suspension of execution) and Acts and subordinate statutes;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts of the crime (the point of driving without a license).