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(영문) 대구지방법원 2015.09.10 2015고단3238

도로교통법위반(음주운전)등

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

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

Reasons

Punishment of the crime

[Criminal Power] On June 19, 2006, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Daegu District Court, and was sentenced to a fine of 3 million won for a violation of the Road Traffic Act at the Daegu District Court on November 21, 2007.

【Criminal Facts】

1. On September 14, 2015, the Defendant driven a motor vehicle without a driver’s license, while under the influence of alcohol leveling 0.051% from a section of about 500 meters from the road front of the west-gu Northwest-gu west-gu, Daegu to the road front of the west-gu west-gu west-gu west.

2. On September 14, 2015, the Defendant: (a) was discovered while drinking or driving without a license on the road in front of the Daegu High-gu North Daegu High-gu Charges Office; and (b) was asked to produce a driver’s license from D in the circumstances where the Gyeong-gu Police Agency C belonged to the Gyeong-gu Police Agency, as prescribed in paragraph (1).

Accordingly, the defendant found and presented the Class E's Class E's Class E's ordinary driver's license under the name of the director of the Daegu Provincial Police Agency, which is an official document that was kept in custody.

Accordingly, the defendant did not present official documents.

3. When the Defendant was discovered to police officers while drinking or driving without a license as stated in the above paragraph (1), the Defendant prepared a report on the state of driver's standing and a report on detection of the driver, and stated it as E in each driver's signature column, i.e., delivery of it to the said D as if it was duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. On-going driving reports, reports on the state of the drinking driver, and reports on the results of crackdown on drinking;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime (the point of a sound driving);