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(영문) 서울북부지방법원 2016.06.30 2016고단1227
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 February 12, 2013, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 5 million for the same crime from the vice branch of the Incheon District Court on February 5, 2016.

1. On March 1, 2016, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license) driving a CK5 vehicle at the section of about 7 km from the 39km of Dongdaemun-gu Seoul, Dongdaemun-gu, to the 39rd road, while under the influence of alcohol leveling 0.083% of the blood alcohol level in the blood while under the influence of around 22:37 on March 1, 2016.

2. The Defendant violated the Act on the Registration of Residents, as described in paragraph (1), when and at the same time and at the same place as described in paragraph (1), controlled driving without a license as described in paragraph (1), and forged the above E’s signature without a license by using personal information of pro-Japanese E in order to conceal the fact of driving without a license by driving without a license from the head of the traffic safety line at the Seoul East-gu Police Station Police Station, Seoul, Dongdaemun-gu, Seoul, and used the name and resident registration number of the said D, and caused the said D to enter the “E” and the “F” in the driver’s sexual name statement in the state situation report at the driver’s sexual name at the State, and exercised it by submitting the said D’s personal information in the driver’s sexual name column to the “E” and the “F” without a license on the part of the driver’s sexual name on the PDA terminal who notified the result of regulating driving of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is a driver in charge, notification of the results of crackdown on the driving of alcohol, and report on detection of the driver;

1. The driver's license ledger;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 148-2 subparag. 1, Article 44 subparag. 1 of the Road Traffic Act (the point of drinking alcohol), Article 152 subparag. 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 239(1) of the Criminal Act (the point of driving without a license) concerning criminal facts, and Article 239 of the Criminal Act.

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