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(영문) 부산지방법원 동부지원 2018.05.30 2018고단436

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, the Defendant is acquitted.

Reasons

Punishment of the crime

1. On August 8, 201, the Defendant was sentenced to a suspended sentence of two months for a period of eight months for a violation of the Road Traffic Act at the Busan District Court's Busan District Court's branch on July 30, 201, a fine of two million won for the same crime in the Busan District Court's Dong Branch on July 30, 201, a fine of eight million won for a violation of the Road Traffic Act (drinking) at the Busan District Court's Busan District Court's Busan District Court's branch on February 19, 2013, and a fine of eight million won for a violation of the Road Traffic Act (drinking) at the Busan District Court's Dong Branch on August 18, 2016.

On December 17, 2017, at around 04:15, the Defendant driven a car with a range of approximately 4km from the front side of the Gyeongnam apartment in Busan Metropolitan Transportation Daegu to the third village located in the same friendly dong, without a driver’s license, while under the influence of alcohol level of 0.074% in the blood alcohol level, from around 4km to the third village located in the same friendly dong.

2. On December 17, 2017, the Defendant violated the Resident Registration Act: (a) around 04:15, the Defendant got a resident registration number of the Defendant-friendly D in order to conceal the Defendant’s history of drinking, who was subject to a request for presentation of a driver’s license by a slope C belonging to the Shipping Vehicle Police Station, from the third-distance distance in the Ma-dong, Busan, Daegu, Busan, for driving by drinking from a slope C belonging to the Shipping Vehicle Police Station.

Accordingly, the defendant used another person's resident registration number unlawfully.

3. The Defendant, at the same time and place as indicated in paragraph 2, entered the consent to and confirmation of blood collection in the column of “(1)” and signed each “D” column without authority for the purpose of exercising the consent to and confirmation of blood collection as “D” as if he/she was demanded by slope C to sign the consent to blood collection at the same time and place as indicated in paragraph 2.

Accordingly, the Defendant forged D’s signature for the purpose of exercising the right.

Summary of Evidence

1. Statement by the defendant in court;

1. The investigation report (the situation report of the main driver), consent to blood collection and confirmation letter (1) (2), the driver's license register (cancellation), the investigation report (the results of blood appraisal with alcohol alcohol and alcohol), the investigation report (the results of blood appraisal with blood), the response to the request for appraisal;