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(영문) 수원지방법원 안양지원 2018.11.27 2018고단1533
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 17, 2013, the Defendant received a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) at the Seoul Central District Court, and on April 5, 2018, a summary order of KRW 5 million for the same crime was issued from the Daejeon District Court’s Incheon District Court’s Branch Branch.

[Criminal facts]

1. On June 24, 2018, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license) on two or more occasions, and driven B-low automobiles under the influence of alcohol leveling 0.060% of alcohol level while under the influence of alcohol leveling 0.060%, without a vehicle driver’s license, from the vicinity of the station located in the Sacheon-dong, Dongjak-gu Seoul Metropolitan Government, to the front of the Jacheon-do Kacheon-dong cafeteria.

2. On June 24, 2018, the Defendant, on the charge of forging a private document and exercising the above investigation document, controlled the driving of alcohol on the south-do Underground Road in Overcheon-si, Taecheon-do, by drinking, and issued the personal information of pro-friendly E to the police station in charge of asking personal information and the slopeD affiliated with C.

From D’s report on the circumstances of the driver’s statement, “the driver’s opinion” was stated as “E without authority for the purpose of exercising the right to request the preparation of the “the driver’s opinion”, and the signature of “E” was subsequently signed, thereby forging a private document on proof of fact, and delivered it to “D who is aware of the forgery as if it were duly formed.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver who is placed in driving, investigation report (report on the conditions of the driver who is around), and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal record A) statute;

1. Article 148-2 subparag. 1 and Article 44 subparag. 1 of the Road Traffic Act (the point of drinking alcohol), Article 152 subparag. 1 and Article 43 of the Road Traffic Act (the point of driving without a license), Article 231 of the Criminal Act (the point of Article 231 of the Private Document), Article 231 of the Criminal Act concerning criminal facts.

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