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(영문) 창원지방법원 진주지원 2018.12.18 2018고단1263
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

[criminal history] The defendant is a person who has been punished for drinking two times or more by a fine of three million won due to a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) in the Jinwon District Court's Jinju on February 18, 2008, the same court on August 5, 2013; a fine of five hundred thousand won due to a violation of the Road Traffic Act; and on May 27, 2016, the same court issued a summary order of a fine of three million won or more for a violation of the Road Traffic Act (drinking driving), respectively.

[Criminal facts]

1. On September 17, 2018, the Defendant driven a B SP car under the influence of alcohol content of about 0.117% in the direction of “physical string” located in approximately 6 meters in the same Eup/Myeon from September 17, 2018 to September 69, 2018, under the influence of alcohol with alcohol content of about 0.117% in the front of “Physical string” located in the 2-lane 9 of SPacheon-si Peace, Sacheon-si, 2018 without a driver’s license.

2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle on a road which has not subscribed to mandatory insurance;

Nevertheless, the Defendant operated the said car without purchasing mandatory insurance as set forth in the above paragraph 1.

3. When the Defendant was subject to control by driving under drinking at the same time and place as Paragraph 1, the Defendant entered “C” in the driver’s name column of the site in which the confirmation was made with the black-type c, and entered “C” in the driver’s name column of the site in which the report on the circumstance of the driver’s statement was made.

As a result, for the purpose of uttering, the Defendant committed a letter of confirmation in the name of C, which is a private document on rights and obligations, and a letter of statement in the situation of a driver in the main place.

4. The Defendant, at the same time and place as set forth in paragraph 3, issued a forged document, as set forth in paragraph 3, to D, who was aware of the forgery, and one copy of the State driver’s circumstantial statement report was delivered as if the document was duly formed.

Summary of Evidence

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