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(영문) 대전지방법원 천안지원 2020.03.25 2019고단1599

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. Around 14:40 on August 10, 2014, the Defendant was driving a motor vehicle at a 5 km level while under the influence of alcohol concentration of 0.075% while under the influence of alcohol level 0.075%, without a driver’s license, from the Do adjacent to the Seoan-gu, Seoan-gu, Seoan-si, Seoan-si, Seoan-si, Seoan-si, Seoan-si, Seoan-si.

2. The Defendant violated the Resident Registration Act, at the time and place indicated in paragraph (1) above, was discovered as a drinking-driving and demanded to present an identification card from the head F of the police station E affiliated with the Incheon Western Northern Police Station. The Defendant presented the Defendant’s resident registration certificate to F of the Defendant’s birth G, who was in his usual possession, as if he were the Defendant’s resident registration certificate, to F of the other person’

3. The Defendant, at the date, time, time, and place specified in paragraph (1) and exercised the signature of G by arbitrarily entering the name of each G in the G in the G’s voluntary behavior certificate and the report on the situation of the driver with the intention to exercise as G, which was discovered by drunk driving, at the same time, and at the place specified in paragraph (1).

Summary of Evidence

1. The police statement of H;

1. Each report on investigation;

1. Notification of crackdown on the violation of the Road Traffic Act, voluntary consent from the driving, and report on the situation of the driver of the driving school;

1. A report on detection of a host driver;

1. The ledger of driver's licenses;

1. Application of Acts and subordinate statutes on family relation certificate;

1. Article 148-2(2)3, Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (amended by Act No. 14286, Dec. 2, 2016); Article 37 Subparag. 8 of the former Resident Registration Act (amended by Act No. 14286, Dec. 2, 2016); Article 239(1) of the Criminal Act (amended by Act No. 14286, Dec. 2, 201); and