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(영문) 수원지방법원 안산지원 2014.05.28 2014고단787
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

1. The Defendant has been punished for a fine of 1.5 million won for a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving without a license) in the Suwon District Court, due to a violation of the Road Traffic Act (driving without a license) on June 25, 2013, and a violation of the Road Traffic Act (driving with a fine of 6 million won) on December 12, 2013.

On January 29, 2014, around 00:05, the Defendant driven a B-car under the influence of alcohol content of 0.151% without obtaining a driver's license from the front of the 534 SK KK station in the same Dong to the front of the high-end 1-dong community service center located in the same Dong.

As a result, the defendant has violated Article 44 (1) of the Road Traffic Act more than twice and has driven a motor vehicle under the influence of alcohol without obtaining a driver's license.

2. On January 29, 2014, the Defendant was found to have driven a motor vehicle B on the road in front of the relevant high-end community service center located in Ansan-si, Ansan-si on January 29, 2014 and was required to present a driver’s license from the police officer affiliated with the Ansan-gu Police Station, the Defendant was found to have driven a motor vehicle B in front of the relevant high-end community service center.

The defendant presented the first-class ordinary driver's license, which is the defendant's seated in the name of the Seoul Local Police Agency, which is an official document in possession, as if the defendant was the defendant's driver's license.

Accordingly, the defendant did not use official documents.

Summary of Evidence

1. Defendant's legal statement;

1. Place of records of measurement of drinking alcohol, notification of completion of correction, and report on detection of drinking drivers;

1. A report on investigation;

1. On-site photographs;

1. A report on criminal records, etc., a report on the results of confirmation before the disposition, and an investigation report (a report attached to the previous record, summary order, etc.);

1. Application of Class I ordinary drivers' licenses (E)-related Acts and subordinate statutes;

1. Relevant applicable law concerning criminal facts, and the exercise of unlawful official document under Article 148-2 (1) 1, Article 44 (1) (the point of sound driving), Article 152 subparagraph 1, Article 43 (the point of driving without a license) of the Road Traffic Act, Article 230 of the Criminal Act.

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