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(영문) 대전지방법원 천안지원 2015.06.11 2015고단445
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

1. On June 4, 2010, the Defendant 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) by a court in the Daejeon District Court’s branch on the 2010s, and on November 8, 2013, the same court was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (driving without a license). As such, the Defendant has the history of violating Article 44(1) of the Road Traffic Act more than twice.

On November 15, 2014, at around 22:55, the Defendant driven a e-learning car under the influence of alcohol level of 0.170% without obtaining a driver's license, from the front of the “Dcafeteria” in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, to the front of the “Mambun apartment” in the same Dong, and from about 500 meters before the third-distance road.

2. On November 15, 2014, at around 23:14, the Defendant forged private documents: (a) discovered the fact that he had driven alcohol, as described in paragraph (1), was under the influence of alcohol control; (b) voluntarily flowed to “F Zone C” located in Seoan-gu, Seoan-gu, Seoan-gu; (c) had the intent to avoid being subject to aggravated punishment due to the previous driving force; (d) had the intent to refrain from being subject to aggravated punishment due to the previous driving force; (b) had the written report on driving alcohol and the written report on the statement on the state of the driver at home with the intention of stating “G” as being “G” and had the seal attached to the written report

Accordingly, the defendant, for the purpose of exercising a certificate of fact, forged the report on the master driver's identification and the report on the status of the master driver.

3. The Defendant, at the time, at the time, and at the place specified in Paragraph 2, delivered the forged report on the master driver’s initiative and the report on the status of the driver, as if he were aware of the forgery, to a slope H who was actually formed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer in G; and

1. Notification of drinking-control action, use register of drinking meters, driver’s license register, and driver’s license report to the accused;

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