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(영문) 대전지방법원 천안지원 2013.08.28 2012고합311
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On June 8, 2007, the Defendant was sentenced to a suspended sentence of four months for a crime of violating the Road Traffic Act in the support of the Daejeon District Court on the Incheon District Court for the crime of violation of the Road Traffic Act. On March 7, 2011, the Defendant was issued a summary order of 1.5 million won by the same court for the same crime, etc. and violated Article 44(1) of the Road Traffic Act on at least two occasions.

【Criminal Facts】

1. On November 30, 2010, the Defendant was driving a shower car without a driver’s license for a vehicle with a blood alcohol concentration of at least 0.143%, running from the front of the main station on the mutual influorite-dong, Chungcheongnam-gu, Chungcheongnam-gu, Incheon to November 16:30 on November 30, 2010 to the front road of the original apartment at the Dong-gu, Seoul-dong, Seoul-dong, Seoul-dong, without a driver’s license for a vehicle with a blood alcohol concentration of at least 0.143%.

2. On November 30, 2010, the Defendant: (a) discovered a criminal fact under paragraph (1); and (b) requested a police box located in Dong-gu, Dong-gu, Yan-gu, Yandong-gu, Yandong-gu, to take a drinking test by a police box; and (c) requested the police box to sign the report on detection of a drinking driver; (d) stated the Defendant’s personal information to avoid punishment; and (e) submitted to E the driver for the report on detection of a drinking driver; (e) signed the F with his/her signature in the driver for the report on detection of a drinking driver; and (e) submitted it to E.

Accordingly, for the purpose of uttering, the Defendant forged and exercised one copy of the report on detection of a host driver under F, a private document related to the certification of fact.

3. On October 31, 2012, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) around 22:08 on October 31, 2012, the Defendant driven a G Lone Star line without a driver’s license, while under the influence of alcohol by about 0.068% of the blood alcohol concentration on the section of about 25 km from the road in which Asan Sinsan City to the front of the Gyeonggi-si New-dong, Gyeonggi-si, Inc., was under the influence of alcohol concentration from around 22:08.

Summary of Evidence

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. The ledger of driver's licenses, each driving license, and each report on detection of drivers;

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