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(영문) 울산지방법원 2016.06.14 2016고단1176
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On April 16, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act. On September 16, 2014, the above court issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act.

1. On March 30, 2016, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (druning without a license) driving a vehicle without a driver’s license while under the influence of alcohol of about 30 meters at about 0.09% of alcohol content in blood, from the front of a restaurant in the Ulsan-dong, Ulsan-gu, Ulsan-gu, Seoul-do to the front of the road in the same Dong from the front of the day of the day of the king-gu, Ulsan-do to the intersection of the bathing beach conference located in the same Dong.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

2. The Defendant’s unlawful uttering of official document was discovered to police officers F, who were in the process of drinking control while driving at a time and place set forth in paragraph 1 at the same time and at the same place, and was asked to present a driver’s license to police officers assigned to the Ulsan East Police Station traffic safety department.

The defendant presented the driver's license of Dong G in the name of the National Police Agency in Gyeongnam-nam, which is an official document held at the time, as if the defendant was the driver's license of the defendant.

Accordingly, the defendant did not use official documents.

3. Counterfeiting a private signature.

A. On March 30, 2016, the Defendant: (a) at the intersection of the bathing beach conference located in Ulsan-dong, Ulsan-gu, Ulsan-do; (b) at the same time, the Defendant, like paragraph (2), had a drinking test conducted by F, and had a drinking test conducted by F; and (c) had the risk of being aware of the fact of driving alcohol and without a driver’s license; (d) was a driver at the end of the statement of the circumstances of the driver’s license written by F; (c) the person who stated the statement of the disposition of the driver’s license and the driver; (d) the recipient of the prior notice of the disposition of the disposition of the driver’s license; and (e) the recipient of the notice of the decision of the suspension of the driver’s license.

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