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(영문) 창원지방법원 2015.10.20 2015고단2184
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

On March 2, 2009, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act; on December 20, 2010, a summary order of KRW 4 million for a crime of violation of the Road Traffic Act; on January 10, 201, at the Changwon District Court to a fine of KRW 3 million for a crime of violation of the Road Traffic Act.

1. On May 14, 2015, the Defendant was driving B Poter cargo under the influence of alcohol by 0.124% without obtaining a driver’s license at a section of approximately 200 meters from the road front of a mutually influent restaurant in the Kimhae-si, Kimhae-si, to the fishing village located in the fishing village in Kimhae-si, and without obtaining a driver’s license.

2. The Defendant, as stated in paragraph (1), committed an act of forging a private document, uttering of a private document, and a violation of the Resident Registration Act, had a view to committing a crime as if the Defendant were punished by a police officer, by threatening that he would be punished by the police officer.

On May 14, 2015, at around 21:10, the Defendant stated C’s resident registration number “F” to E in front of the language bank located in the Kimhae-si, Kimhae-si, and to the Inspector E in the position of the Kimhae-si Police Station D District, and submitted the documents to E after signing in the driver’s column of the report on the state of the driver’s statement.

As above, the Defendant used another person’s resident registration number unlawfully, forged one copy of the report on the statement of the status of a master driver in the name of C, which is a private document regarding a certificate of fact, and exercised one copy of the report on the statement of the status of a master driver in the name of C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Statement of his/her oral statement of the driver;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (a summary order, etc.);

1. Relevant provisions of the Road Traffic Act concerning facts constituting the crime; and

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