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(영문) 대전지방법원 2017.12.20 2017고단3602
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 16, 2013, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Daejeon District Court on December 16, 2013, and was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking) at the Daejeon District Court on March 3, 2014, and on January 19, 2016, the Defendant was sentenced to a fine of KRW 8 months for a crime of violating the Road Traffic Act (drinking) at the Daejeon District Court on January 19, 2016, and the said judgment became final and conclusive on January 27, 2016,

1. On July 14, 2017, the Defendant, who violated the Road Traffic Act (drinking driving) and the Road Traffic Act (dSS6 driving) had been punished twice or more due to drinking driving, driving a vehicle without obtaining a driver’s license on around 01:00 on July 14, 2017, and driving a dSS6 vehicle at the section of about 1k meters in front of Daejeon Seo-gu, Seo-gu, Daejeon, with a alcohol concentration of 0.147% under the influence of alcohol during blood.

2. On July 14, 2017, at around 01:00 on July 14, 2017, the Defendant: (a) when the Defendant was under influence by drinking on the road in front of C on the road as indicated in paragraph 1, the Defendant illegally displayed the official document by presenting the former F’s driver’s license as one of his/her own.

3. The Defendant forged a private document, or exercising the said investigation document, at the time and place specified in paragraph 2, demanded the preparation of a state driver’s circumstantial statement and a written statement from the police officer in charge of the crackdown, and stated “F” and “G” in the resident registration number column, and subsequently forged a state driver’s statement on the facts-finding document, which is a private document, for the purpose of exercising the said document’s signature and delivery, and exercised the said investigation document.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Statement report, etc. on the situation of the driver at home;

1. Geographical comparison marks, etc.;

1. A statement, etc.;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Each report on investigation;

1. Previous Records: Inquiries about criminal history and the application of the Act on Reporting Criminal Investigations.

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