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(영문) 창원지방법원 마산지원 2018.06.15 2018고단430
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On July 18, 201, the Defendant was sentenced to a fine of KRW 2 million due to a violation of the Road Traffic Act (drinking driving), etc. in the Changwon District Court Branch Branch on July 18, 201, and a summary order of KRW 4 million due to the same crime, etc. in the same court on August 16, 201, and was sentenced to a suspended sentence of one year for the same crime, etc. on October 14, 2014. On November 7, 2017, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (licensed driving) at the Changwon District Court Branch Branch on July 15, 201 and was sentenced to a suspended sentence of two years for four months on November 15, 2017, and the judgment became final and conclusive on November 15, 2017.

1. On March 18, 2018, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (d pertaining to a non-licensed driving) driving on the 15km-pubed vehicle without a driver’s license, from the 15-km level up to the road front of the Kacheon-gun C Village in the Southern-gun, Gyeongcheon-gun, Nam-gun, Nam-gun, Seoul, under the influence of alcohol content by 0.176% among the blood transfusions around 18:22.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol without a driver's license.

2. On March 18, 2018, the Defendant: (a) driven a motor vehicle while under the influence of alcohol, such as smelling the Defendant, from a slopeF belonging to the Gi-gu Police Station Ear House, which was dispatched after receiving a report from 112 that drinking is doubtful; (b) around March 18, 2018, the Defendant was under the influence of alcohol, such as smelling the Defendant.

Since there are reasonable grounds to determine a person, voluntary accompanying to the E district located in G upon receiving a request for voluntary accompanying, and around 18:36 of the same day, the said slope F prepared the situation statement report of the driver of the State as “H” in the E District at around 18:36 of the same day, and demanded the Defendant to sign the report, and the Defendant’s signature was signed as “H” in the column for the driver’s opinion statement in the state of the driver’s opinion. The above slope F, who is aware of the forgery, bears the signature of “H” as above.

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