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(영문) 창원지방법원 마산지원 2019.07.05 2019고단352
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On November 9, 2015, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) in the Changwon District Court’s branch on November 9, 2015, and on September 29, 2016, the same court was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Driving without a license).

【Criminal Facts】

1. On October 19, 2018, at around 04:37, the Defendant driven a tea car without a driver’s license, while under the influence of alcohol of about 0.134% of blood alcohol concentration at a section of about 30km, from the front day of a cafeteria-gu, Changwon-si B market, Changwon-si to the front day of a cafeteria-si, Masan-si B market until the front day of the Gapo road located in about 8thm of the Gyeongsung-gun.

As a result, the defendant has violated Article 44 (1) of the Road Traffic Act not less than twice and has driven a motor vehicle without the driver's license under the influence of alcohol.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated a passenger car without mandatory insurance at the time and place of the foregoing paragraph 1.

3. The Defendant violated the Resident Registration Act: (a) on the front day of the Jeonsung-gun, the front day of the front day, which is located in a one-way way to the Gosung-gun; and (b) on the ground that he was driven by drinking alcohol from the police box belonging to the Msan-J police station, the Defendant illegally used the F’s resident registration number (G) who was a person who was requested to present his identification card on the ground that he was driven

4. The Defendant, at the time, at the place specified in the foregoing paragraph 3, was requested by E to sign the report on the state of his driver, and the report on the result of the crackdown on Drinking Driving, signed the signature on each signature column and submitted it to the above E.

Accordingly, the defendant is a driver of F, a private document related to the certification of facts.

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