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(영문) 서울서부지방법원 2020.04.23 2019고단4190 (1)
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

【Criminal Power】 On July 9, 2018, the Defendant received a summary order of KRW 3 million from the Incheon District Court due to a violation of the Road Traffic Act.

【Criminal Facts】

1. On November 3, 2019, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) around November 3, 2019, on November 3, 2019, driving C rocketing car under the influence of alcohol by 0.154% at a 4km section of approximately 4km from a place where it is impossible to know at least 01:50, Yongsan-gu Seoul Metropolitan Government, without obtaining a driving license, to the front road of the former.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, operated without a license.

2. On November 2, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) around November 2, 2019, at around 22:2:20, the Defendant driven a Category C Lasta car without a car driver’s license from the D apartment parking lot in Michuhol-gu Incheon Metropolitan City to the area of 56 km from the D apartment parking lot in Yongsan-gu to the area of the Kanam-dong in Yongsan-gu, Seoul.

3. No person who violates the Resident Registration Act shall unlawfully use another person's resident registration number.

Nevertheless, around 01:50 on November 3, 2019, the Defendant issued a request to verify the identity of “G”, which is the Defendant’s birth, by three persons, such as Embman F, who was called for a traffic accident in front of Yongsan-gu Seoul, after having received 112 report as a drinking accident in front of Yongsan-gu Seoul, and used the resident registration number of “G” for Embman F as the Defendant’s resident registration number.

4. Around 03:00 on November 3, 2019, the Defendant forged private documents at the Seoul Yongsan-gu Seoul Metropolitan Police Station Traffic Survey Center’s office, Yongsan-gu Seoul, Yongsan-gu, stating the name of G in each name column of the report on the detection of the primary driver, the circumstantial statement of the primary driver, the circumstantial statement of the state of traffic accident, and the statement on the state of traffic accident.

As a result, the defendant is a private document concerning a certificate of fact for the purpose of uttering.

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