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(영문) 의정부지방법원 2020.04.21 2019고단5648
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 10, 2012, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 3 million as a violation of the Road Traffic Act (driving) at a district district court of Jung-gu District on September 10, 2012, and a fine of KRW 3 million as a violation of the Road Traffic Act (driving) at a district court of Jung-gu on November 8, 2018.

On October 11, 2019, the Defendant driven an E-5 vehicle under the influence of alcohol with a blood alcohol concentration of 0.036% without obtaining a driver's license from approximately 300 meters in front of D High Schools located in Kui-si B around the government-si-si B to the upper end of D High School located in Kui-si.

As a result, the defendant violated his duty not to drive alcohol more than twice, and at the same time, operated a motor vehicle without obtaining a driver's license.

2. On October 11, 2019, the Defendant violated the Resident Registration Act: (a) while driving a KS5 car in the influence of alcohol on the front of the D High School, which is located in Masi-si C, as described in paragraph (1), around October 22:27, 2019; (b) requested the police officer to inform him/her of his/her personal information as he/she was discovered by drinking alcohol to F of the Gyeonggi Government Police Station affiliated with the Gyeonggi Government Police Station; (c) the Defendant would be subject to punishment for drinking alcohol; and (d) the Defendant, while working in the state of his/her imprisonment with G, entered his/her name and name in advance,

Accordingly, the defendant used another person's resident registration number unlawfully.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Report on the situation of operation without a license, and inquiry into a license;

1. A ledger of report on internal investigation, recognition and review of suspicion of violation of the Resident Registration Act, and the use of a drink of alcohol;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act, Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act (the point of unauthorized Driving), Article 37 subparagraph 10 of the Resident Registration Act (the point of unlawful use of resident registration numbers) for criminal facts.

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