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(영문) 대구지방법원 김천지원 2013.10.10 2013고단931
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 26, 2010, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) from the Daegu District Court Kimcheon Branch on the grounds of the violation of the Road Traffic Act, and a summary order of KRW 5 million for the same crime in the same court on June 21, 2013.

【Criminal Facts】

1. On July 15, 2013, the Defendant driven a BP car while under the influence of alcohol of 0.133% in blood alcohol concentration on the front side of the other lux in the Gu-U.S. Pyeong-dong on July 22:27, 2013 without a driver’s license.

2. The Defendant’s unlawful uttering of official document was discovered by drinking driving at the time and place of the foregoing paragraph (1) and was demanded to present a driver’s license by an assistant C belonging to the Gu and America Police Station.

The defendant presented the second class common driver's license of the defendant under the name of the chief of the Chungcheong Police Agency, who is an official document in possession, as if he was the defendant's driver's license.

Accordingly, the defendant did not use official documents.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Registers of driver's licenses, disqualified meetings of the main office, and details of disposition to revoke driver's licenses;

1. Investigation report (with respect to the circumstances leading to the illegal uttering of official documents), family relation certificate, copy of driver's license of a motor vehicle;

1. Previous convictions indicated in the judgment: Criminal history records, investigation reports (report on confirmation of the same criminal records), copies of each summary order, previous dispositions, and reporting results of confirmation and reporting Acts and subordinate statutes shall apply;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Articles 152 and 43 of the Road Traffic Act, Article 230 of the Criminal Act;

1. Crimes under Articles 40 and 50 of the Criminal Act ( between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (non-licensed) and the crimes of violation of the Road Traffic Act (the crime of running sound);

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