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(영문) 울산지방법원 2014.01.24 2013고단3449
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

On November 24, 2011, the defendant was sentenced to a fine of 2.5 million won for the crime of violation of the Road Traffic Act at the Busan District Court on November 24, 201, and on February 2, 2007, the Changwon District Court issued a summary order of 1 million won for the same crime, and has the record of being punished two times or more for drinking driving.

1. From around 22:45 on November 201, 2013, the Defendant: (a) driven a B Poter and stable cargo without a driver’s license while under the influence of alcohol content of about 0.061% at a section of about 200 meters prior to the port of high-speed in Yangsan-si to the front of the port of high-speed; (b) the Defendant driven a B Poter and stable cargo without a driver’s license.

2. The Defendant violated the Resident Registration Act, in order to conceal the fact of driving without a person’s license who is requested to present his/her identification card on the road in front of the Choyang-si Hospital in Yangsan-si and used another person’s resident registration number (E) by informing the control police officer of his/her resident registration number as if he/she was the Defendant’s resident registration number.

3. The Defendant, at the same time and at the same place as above 2.2., had C, the superintendent of the control police officer, enter and store D’s resident registration number, address, control details of drinking driving, etc., which the Defendant informed to C of the result of the control of drinking driving after a drinking test, and presented the results of the control of drinking driving of the mobile device, and then arbitrarily displayed D’s private person by displaying it to the driver confirmed on the screen with a device pen.

Accordingly, the defendant, who is a prior record of the certification of facts, has forged a statement of the results of the drinking driving control in the name of D, which is a record of the certification of facts, and had the police officer C, who is not aware of such fact, actually formed the above prior record.

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