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(영문) 수원지방법원 안산지원 2020.06.25 2020고단707
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

[criminal power] On April 9, 2015, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act (driving) in the Gyeyang District Court of Suwon on April 9, 2015.

【Criminal Facts】

1. On November 30, 2019, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) driving license on November 30, 2019, the Defendant driven a Cbe New Driving Vehicle in the section of about 20 meters from the 20-meter radius to the road that proceeds from the flow of 0.096% of alcohol concentration in the blood while under the influence of alcohol without obtaining a driving license on November 30, 2019.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. In order to exercise the right to request the Defendant to sign and seal a report on the statement of the state of his driver at the Ansan-gu Police Station D District of the Ansan-gu Police Station, the Defendant forged a report on the state of his driver, which is a private document concerning the certification of facts, by entering the Defendant’s name in the form of confirmation of the driver of the state of his state of his state of driver, and signing the F in the form of confirmation of the driver of the state of his state of his state of his state of driver, and submitted the forged document to the above policeman without knowledge of the fact.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. The register of driver's licenses;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes of one summary order;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Punishment;

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