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(영문) 울산지방법원 2016.05.13 2016고단262
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

[Power of crime] On December 31, 2014, the Defendant issued a summary order of KRW 4 million to a fine of KRW 1.5 million at the Ulsan District Court for a crime of violation of road traffic laws, and a summary order of KRW 1.5 million at the same court on October 15, 2010 for the same crime, respectively.

1. On November 4, 2015, the Defendant: (a) driven a vehicle with two highest alcohol level of 0.108% under the influence of alcohol while under the influence of alcohol without a driver’s license in approximately 150 meters from the road front of a new household apartment located in the south-gu, Ulsan-gu, Ulsan-gu, Seoul Metropolitan Government, to the front of the new church located in the south-gu, Ulsan-do, Seoul Metropolitan Government, for the same time.

As a result, the Defendant, who had a drinking driving force not less than twice, driven a motor vehicle under the influence of alcohol without obtaining a driver's license.

2. Around 23:30 on the same day as in the preceding paragraph, the Defendant: (a) discovered a slope C belonging to the U.S. police station in charge of driving alcohol on the front of the foregoing revised church; (b) discovered a pro-friendly D name and resident registration number as one of his personal information; and (c) signed a “D” in each of the above documents without authority for the purpose of exercising the right to request the signature of a notice of the results of the crackdown on driving alcohol prepared by inquiring about the said personal information, a statement of the situation of the driver in charge, and a statement of blood collection consent; and (d) presented the above signature forged on the same page to the traffic safety slope C and F without knowledge of the fact that the signature was duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Notification of the results of regulating the driving of drinking alcohol, a statement on the circumstances of driving of drinking alcohol, a certificate of alcohol appraisal during blood and a report on the detection of a driver of drinking alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) of the Road Traffic Act concerning facts constituting an offense;

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