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(영문) 의정부지방법원 고양지원 2019.06.14 2019고단584

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On December 4, 2014, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the 6th general military court of the Army, which was sentenced to a fine of one million won on March 26, 2018, and was sentenced to a fine of one million and five hundred thousand won for the same crime in order to be sentenced to a fine of one million won on March 26, 2018, and was sentenced to a suspended sentence for six months at the same court on October 4, 2018.

1. On November 24, 2018, at around 04:15, the Defendant driven a C low-speed car, which is owned by the Defendant at the front of Seongbuk-gu Seoul Road without a driver’s license, while under the influence of alcohol with a blood alcohol concentration of 0.104%.

2. The Defendant violated the Resident Registration Act: (a) informed the police officer on the control of the Defendant’s personal information at the same time, place, and (b) unlawfully used another person’s resident registration number.

3. When the Defendant, at the same time, at a place as set forth in paragraph (1), and at the same time and place as set forth in paragraph (1), was demanded by a crackdown police officer to confirm the statement of the circumstances of his/her driver, the Defendant entered “D on November 24, 2018 with a pentl in the statement of the driver’s opinion” in the report without authority, and submitted it to the control police officer who knew of the fact immediately after signing the report in his/her name.

Accordingly, the defendant forged his signature in the name of D and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. The driver's license ledger;

1. Investigation report (Attachment of written statements signed by a suspect with a forged driver);

1. Previous records of judgment: Application of inquiry reports on criminal records, etc., investigation reports (previous records and attachment of judgment), judgment (2018 highestest 1928, high aid), summary order (2018 highest 372, high aid), and statutes;

1. Relevant provisions of the Road Traffic Act concerning facts constituting the crime; and