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(영문) 대전지방법원 2017.12.15 2017고단4143

도로교통법위반(무면허운전)등

Text

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 7, 2017, the Defendant, while under the influence of alcohol at around 0.065% among the blood transfusions, driven a motor vehicle without obtaining a driver’s license. On August 23:58, 2017, the Defendant driven a motor vehicle with C MT car up to the road front of a water source in front of a high-speed restaurant located in the Seo-gu Seoul Special Metropolitan City, Seo-gu, Seoul Special Metropolitan City.

2. No person who violates the Resident Registration Act shall unlawfully use another person's resident registration number;

Nevertheless, when the Defendant was found to have driven alcohol as stated in the preceding paragraph, the Defendant was out of the police station D guard of the Daejeon Western Police Station.

F's resident registration number was notified as the defendant, and F's resident registration number was used unlawfully.

3. The Defendant, at the time and place specified in the preceding paragraph, has taken a drinking test upon the request of the above police officers E at the time and place, and then has taken a test on the driver’s circumstantial statement using the test color pen to send “crimes” in the column for the driver’s statement of the situation of the driver.

It is necessary to keep a large number of rooms.

The Ministry of Strategy and Finance shall be bound to do so.

"," written the driver's name column "F" and affixed the driver's name next to the F's name.

Accordingly, the defendant, for the purpose of uttering, forged a copy of a state driver's circumstantial statement report in F, a private document, which is a private document to prove facts, and issued it to E who is not aware of the fact.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect against the defendant;

1. Entry of the statement on the circumstances of the driver who is to be placed and present;

1. Results of crackdown on driving under drinking;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act (non-licensed driving), Article 148-2 subparagraph 3 of the Road Traffic Act, and Article 44(1) of the Act on the Registration of Residents (the point of drinking alcohol) (2) Article 37 subparagraph 10 of the Act on the Registration of Residents and Article 231 of the Criminal Act.

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