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(영문) 인천지방법원 2019.03.13 2018고단9472

도로교통법위반(무면허운전)등

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A defendant shall be punished by imprisonment with prison labor 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

1. Around October 23, 2018, the Defendant driven a F Poter under the influence of alcohol content of 0.083% without a vehicle driver’s license from the road front of the Incheon Bupyeong-gu, Incheon, B to the Escoper in the same Gu from around 1km section from around October 23:04, to the Escopher in the same Gu.

2. In light of the date and time indicated in Paragraph 1, the Defendant forged a private document, and the use of the private document, at the time indicated in Paragraph 1 above, stated “I” in the driver’s name part of the driver’s report of the state of state of state of state of state, stating that “I” was stated in the driver’s name of the state of state of state of state of state, stating that “I” should be exercised for the purpose of using the driver’s name of the state of state of state of state of state of state of state of state, which is a private document regarding the certificate of state of state of state of state of state administration, was forged, which was a private document regarding the certificate of state of state of state of state of state of state of state of state of state of state, for the purpose of exercising the right of state of state of state of state administration, etc., and issued it to H without knowledge of the forgery as if it was duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, the notification of the results of the regulation of drinking driving, the report on the proper driving of a drinking driver, and the details of crackdown;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 3, 44 (1) of the Road Traffic Act (the point of sound driving), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act (the point of uttering of the falsified Private Document) concerning the selection of a punishment for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;