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(영문) 수원지방법원 2013.11.06 2013고단4536

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 23:50 on June 28, 2013, the Defendant driven BMW vehicles under the influence of alcohol concentration of 0.074% without a driver’s license, with a section of approximately one kilometer from the roads near the swimming pool in Suwon-si, Suwon-si to the roads in front of 708, Suwon-gu, Suwon-gu.

2. The Defendant violated the Resident Registration Act, on the above date, at the above place, informed a policeman C belonging to the Suwon Police Station of the fact that the Defendant was found to have been trying to produce his/her driver’s license, and notified a person who was requested to produce his/her driver’s license, as if he/she was the Defendant’s resident registration number, and used another person’

3. In order to conceal the facts of driving under his own influence at the same time, at the same place, and at the same time, the Defendant: (a) informed the police officer C of D’s resident registration number; (b) made C enter D’s personal information in the statement of the driver’s situation; (c) made C’s statement of the driver’s situation using the official-type pen; (d) forged the driver’s statement of the driver’s situation under the name of D with the driver’s seal affixed “D”; and (d) granted C with the driver’s statement of the driver’s situation under the name of D’s name, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Notification of the control results of drinking driving;

1. A report on the actual state of the driver;

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

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 37 subparagraph 10 of the Resident Registration Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the crime;

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

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

1. Article 62 of the Criminal Act: