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(영문) 인천지방법원 2018.05.09 2018고단1203

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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 July 23, 2010, the Defendant issued a summary order of KRW 4 million with a fine of KRW 1.5 million with a fine of KRW 1.5 million with a crime of violating the Road Traffic Act (dacting driving) at the Incheon District Court on August 14, 2013, and a summary order of KRW 5 million with a fine of KRW 3 million with a penalty of violating the Road Traffic Act (dacting driving) at the Incheon District Court on August 14, 2013, and on December 30, 2015 at the Incheon District Court on December 30, 2015.

On December 17, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle at around 23:00, driven a C Sspo-type car at approximately 300 meters from the front of the “Spo-dong Spo-dong Spo-dong” road located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, in the state of drinking alcohol content of 0.09%, to the front road of the “Spo-dong-dong Women High School” located in Man-dong-gu, Incheon, Nam-gu.

As a result, the Defendant, who violated the prohibition of drinking at least twice, driving a motor vehicle in the influence of alcohol again while driving the motor vehicle without obtaining a driver's license.

2. When the Defendant was requested to submit a driver’s license on the roads of the “Seo Women High School of Yongsan-gu, Incheon Metropolitan City,” which is located in Mandong-gu, and the police officer belonging to the police department D department of the Incheon Police Station, which was under the influence of drinking control, at the time of the day indicated in paragraph 1, the Defendant’s unlawful uttering of official document presented the first class ordinary driver’s license for F, which is a public document kept by F, the Defendant’s work partner, as if he was a driver’s license for the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on the driver's circumstances and inquiry about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. A copy of the F driver's license; and

1. Previous convictions: Application of inquiry statements, investigation reports (reports on the same criminal records and confirmations of the suspect), such as criminal history;

1. Article 148-2 (1) 1 of the Road Traffic Act concerning facts constituting a crime