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(영문) 울산지방법원 2021.01.08 2020고단2232
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

1. On May 6, 2013, the Defendant has a record of being notified of a summary order of KRW 700,000 of a fine due to a crime of violating the Road Traffic Act in the Daegu District Court and its racing support.

On January 29, 2020, the Defendant, without a driver’s license, driven a rash car in the state of alcohol alcohol concentration of about 0.046%, without obtaining a driver’s license in the 1km section from the G apartment parking lot in Yangsan-si to the D front Road in C, and without obtaining a driver’s license.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

2. Around January 29, 2020, the Defendant violated the Resident Registration Act: (a) was aware of driving under paragraph (1) on the front of the pertinent D on the road; (b) was aware of driving under drinking at the seat; (c) was given to G by the head of the Fungsan Police Station Franchi Police Station, which controlled drinking at that seat; and (d) was given a resident registration number of H, one’s own birth, and used the other person’s resident registration number unlawfully.

3. The Defendant: (a) sent the name and resident registration number of H at the time, at the same time and place as in paragraph (2) of the same Article; and (b) received a request from G to sign an electronic signature on the inquiry of the results of regulating drinking driving of a portable information terminal (PDA) from G; (c) confirmed that the foregoing fact is true; and (d) signed the electronic signature on January 29, 2020 with a cover of “A driver H”.

As a result, the Defendant cited the inquiry about the result of the drinking driving control in the name of H, an electronic records pertaining to the certification of facts, for the purpose of hindering the management of affairs, and caused the above G to transmit the electronic records to the police internal computer network as if they were duly formed.

4. The Defendant who forged a private document and carried out a falsified investigation document shall be subject to the foregoing G at the same time and at the same place as paragraph 2.

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