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(영문) 수원지방법원 안산지원 2018.05.25 2018고단814

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

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 September 23, 2017, the Defendant violated the Road Traffic Act (divated driving) and the Road Traffic Act (divated driving) (divated driving) driving on the 10km section from the front of a mutually influent restaurant located in Ansan-si, Ansan-si, Seoul Special Metropolitan City to the front of the water resource construction street located in the 1633rd-si, SinY-si, the Defendant driven a BM5 vehicle under the influence of alcohol concentration of 0.144% while under the influence of alcohol during blood without the driver’s license.

2. On September 23, 2017, the Defendant: (a) at around 00:50 on September 23, 2017, at the time of the 1633-dong Water Resources Corporation, the Defendant had been willing to look like the Defendant as “E”, who was the Defendant’s birth, for the purpose of evading criminal punishment, by carrying out traffic at the expense of the Singu Police Station in front of the 1633-dong Water Resources Corporation, and driving restrictions on drinking from D’s seat.

Accordingly, the Defendant informed the police officer D of the personal information of the “E” and signed the “E’s opinion” column of the driver’s opinion statement report prepared by the police officer D, and as such, the “ driver’s opinion statement” was submitted to the police officer D as if it was duly formed.

Accordingly, for the purpose of uttering, the Defendant forged and used the “ driver’s opinion statement” column, which is a private document on proof of facts.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of the motor vehicle driver's license ledger (suspect A);

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act on the Traffic of Roads (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 231 of the Criminal Act (the point of driving private documents) and Articles 234 and 231 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;