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(영문) 인천지방법원 2013.12.12 2013고단2766
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 On February 15, 201, the Defendant was punished by a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Incheon District Court on February 15, 201, by a fine of KRW 4 million for the same crime at the same court on February 8, 2012, by a fine of KRW 4 million for the same crime at the same court on April 20, 2012, and by a suspended sentence of one year for imprisonment with labor for the same crime on April 20, 2012.

[Judgment of the court below]

1. On April 16, 2013, the Defendant driving without a license and driving under influence on April 16, 2013: (a) around 01:24, 201: (b) around the 302-dong, Nam-gu, Incheon, Samsung Bio-gu, without a driver’s license, driven Cran-do car over the section of approximately 100 meters under the influence of alcohol content 0.106% while under the influence of alcohol without a driver’s license.

[Judgment of the court below]

2. On September 20, 2013, the Defendant driving without a license and driving under influence on September 20, 2013: (a) around September 22, 2013, the Defendant driven Cran-do under the influence of alcohol content of 0.129% without a car driver’s license from the roads near training stations in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu to the roads front of the Yongsan Park located in 491, Cheongdong-dong 491.

3. On September 20, 2013, the Defendant’s unlawful uttering of official document was discovered by drinking driving, etc., while driving the said C’s car on the front of the Yongsan Park, and was demanded to present a driver’s license from the head of the police station affiliated with the training police station.

Accordingly, the defendant, who is a public document in possession, presented a first class of driver's license for the defendant-friendly E in the name of the director of the Incheon Police Agency, which is an official document, and illegally held the official document by presenting it as a driver's license for the defendant.

Summary of Evidence

[Judgment of the court below]

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. The register of driver's licenses 【2013 Highest 6639】

1. Defendant's legal statement;

1. Statement to E by the police;

1. Notification of the results of the crackdown on drinking driving, report on detection of drinking drivers, and inquiry of the results of the crackdown on drinking driving; and

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