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(영문) 전주지방법원 정읍지원 2016.05.24 2016고단104
도로교통법위반(음주운전)등
Text

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

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

[criminal history] On December 17, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law at the Jeonju District Court’s Eup branch office, and on July 3, 2015, a summary order of KRW 3 million for a crime of violating road traffic law at the Jeonju District Court’s Eup branch office, respectively.

[Criminal facts]

1. On March 10, 2016, the Defendant driven a D Span-type car under the influence of alcohol concentration of 0.128% without obtaining a driver’s license from the front of a restaurant for the “Span-Span-Spanch”, which is located in the interest of the North Chang-gun, Chang-gun, the North Korean Peninsula on the 19:15 March 10, 2016, to the instant 10km.

2. On March 10, 2016, the Defendant issued a Class 1 driver’s license in the name of the Defendant who was under the name of the police station located in the former North Korean National Police Agency, which was a public document, and was found to have been under the influence of alcohol and was in possession of the Defendant to require the presentation of a driver’s license from the police station located in the former North Korean National Police Agency, on the three-dimensional road located in the So-called So-called So-called So-called So-called So-called So-called So-called So-Eup, Si-Eup. In addition, the Defendant presented a Class 1 driver’s license as the Defendant’s license.

Accordingly, the defendant did not use official documents.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police concerning G;

1. Reports on internal investigation and internal investigation (related to the exercise of official documents by a suspected person);

1. Inquiries into the circumstances of the driver's statement, the results of crackdown on drinking driving (G), and inquiries into the results of crackdown on drinking driving (A);

1. The driver's license ledger (G) and the driver's license ledger (A);

1. Previous convictions in judgment: (A) a written reply to inquiry, such as criminal history, (A), a summary order (2010 high rankings 2467), and a summary order (2015 high rankings 727) shall apply;

1. Article 148-2(1)1 and Article 44(1) of the Road Traffic Act (the point of drinking) concerning criminal facts and Article 152 subparag. 1 of the Road Traffic Act.

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