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(영문) 창원지방법원 2019.09.18 2019고단1609
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The defendant is a person who has driven a motor vehicle under the influence of alcohol not less than twice by being sentenced to a fine not exceeding seven million won for the violation of the Road Traffic Act at the Changwon District Court on March 30, 2015, and a fine not exceeding one million won by the same court on November 19, 2007, respectively, for the same crime;

On May 14, 2019, the Defendant, without obtaining a driver's license on May 14, 2019, driven C Poter cargo at a section of about 4 km from the front side of the window of Changwon-si to the front side of the Changwon-si Changwon Hospital street, in a state of drinking alcohol concentration of 0.056%.

2. When the Defendant was found to have driven a motor vehicle on the road in front of the Changwon Hospital distance set forth in paragraph (1) on the date and time set forth in paragraph (1), the Defendant: (a) was found to have been aware of the fact that the Defendant was living together with the Defendant in order to be exempted from punishment; (b) notified the police officer of the above F’s resident registration number in his/her circumstantial report; (c) made the said police officer enter the F’s name in the driver’s statement; (d) made him/her enter the F’s name in the driver’s statement report; and (e) made him/her enter the F’s name in the driver’s statement report using a

As a result, the Defendant forged a report on the circumstantial statement of the driver under F, a document concerning a certificate of fact, for the purpose of exercising another person’s resident registration number unlawfully using it, and submitted it to a person who is unaware of the forgery to the same effect as if it were duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Report on the circumstantial statement of a drinking driver, report on the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. The circumstantial statement of the employer-employed driver (F);

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

1. Relevant law concerning criminal facts: December 2018 of the former Road Traffic Act.

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