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(영문) 수원지방법원 성남지원 2019.07.24 2019고단1224
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 18:05 on May 8, 2019, the Defendant driven a FCA110E motor bicycle under the name of E, located in Gwangju City B from the front of the road located in Gwangju City to the front of the Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do.

2. The Defendant has driven the above motorcycle at the same time and place as paragraph (1) of the Road Traffic Act without obtaining the driver’s license.

3. The accused violating the Resident Registration Act shall drive a motorcycle on the same date and time as paragraph (1) and at a place under influence of alcohol without a driver’s license.

After the traffic accident occurred, the Gwangju Police Station, which was patroled around the site, was required to present an identification card to H.

The Defendant stated that “I will not possess identification cards because I do not hold identification cards” for the purpose of hiding the unpaid fact of a fine, and that I’s resident registration number J was sent to police officers as I’s true resident registration number.

Accordingly, the defendant used another person's resident registration number unlawfully.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to report internal investigation (referring to the change of personal information on suspected suspects and investigative documents, etc.);

1. Article 148-2 (2) 2, Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 154 subparagraph 2, and Article 43 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 201); Article 37 subparagraph 10 of the Resident Registration Act (the illegal use of resident registration; the choice of imprisonment);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of running under the influence of alcohol on the market and the crimes of unlicensed driving);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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