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(영문) 창원지방법원 통영지원 2016.04.01 2016고단128
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 23, 201, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine of KRW 1.5 million for a crime of violation of road traffic laws (driving of alcohol), KRW 1.5 million for a crime of violation of road traffic laws (driving of alcohol) at the Changwon District Court’s branch on August 27, 201, and KRW 1.5 million for a crime of violation of road traffic laws (driving of alcohol) at the Changwon District Court on December 29, 2014, respectively.

[Criminal facts]

1. On February 3, 2016, the Defendant, who violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license), was punished twice or more due to a violation of the Road Traffic Act (drinking) as above, driving a motor vehicle with approximately 1km E rocketing car in the direction of about 0.092% of alcohol level during the blood while under the influence of alcohol at around 00:50 on February 3, 2016 without obtaining a driver’s license.

2. The Defendant’s unlawful uttering of official document was controlled by drinking while driving the said vehicle at the time and place specified in paragraph 1, and was demanded to present a driver’s license from F in the circumstances leading to the traffic control of the macro-driving Police Station.

The defendant presented the driver's license under the name of the Commissioner General of the National Police Agency to the Gyeongnam-nam District Police Agency, which is an official document, as if he was the driver's license of the defendant.

Accordingly, the defendant did not use official documents.

3. When the Defendant, at around 01:00 on February 3, 2016, controlled by drinking on the road front of the D convenience store located in C at macro-si on a drinking-free day, the Defendant: (a) placed the vehicle in the column of “G”, “A driver’s opinion” in the column of “A driver’s opinion” in the driver’s statement in the state of the driver’s name.

“A driver” who signed the “G” column, and then affixed his/her name to the F for the purpose of uttering by affixing the Defendant’s personal seal on that side, the State driver’s circumstantial report containing the part of the G’s private document concerning the fact-finding without authority is forged, and is correct to the F who is unaware of the fact on that page.

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