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(영문) 창원지방법원 2018.11.09 2018고단2382
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] On December 24, 2013, the Defendant was sentenced to a summary order of KRW 7 million for a crime of violating the Road Traffic Act at the Busan District Court on December 24, 2013; on December 24, 2013, a fine of KRW 6 million for a crime of violating the Road Traffic Act at the Busan District Court on December 24, 2013; and on August 22, 2018, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act (driving) at the Changwon District Court on August 22, 2018 and is currently pending in the appellate trial.

[Criminal facts]

1. On June 24, 2018, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (Dless Driving) on the road: (a) from the front of H located in G in G in Kimhae-si around 17:40 on June 24, 2018 to the front road of the J gas station located in I around that time; (b) without obtaining a driver’s license on the road section of about 200 meters; and (c) while under the influence of alcohol 0.240% during blood, the Defendant driven the Ksch Rexton car while under the influence of alcohol.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

2. On June 24, 2018, the Defendant violated the Resident Registration Act: (a) as the Defendant was under the influence of drinking from a slope M in the police station in the mid-gu Police Station in the Kimhae-si on the front of the Jju station located in G on the roads of Kimhae-si, Kimhae-si; and (b) was required to verify the identity; (c) it is difficult for the Defendant to be punished for driving under the influence of alcohol and without a license;

The N's resident registration number of the defendant who did not live together is one of his or her own, and used it unlawfully.

3. On June 24, 2018, at the same place as paragraph 2, around 18:05, the Defendant: (a) demanded that the Defendant enter the above NN’s personal information and sign it on the notification of the result of the control of drinking driving of a portable device (PDA) in his/her personal information device (PDA) at the time and at the same time as paragraph 2 of the same Article; (b) the Defendant forged NN’s signature without authority in the letter of signature on the short-term screen page; and (c) knew of such fact.

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