도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around 00:10 on August 24, 2014, the Defendant was under the influence of alcohol at a level of 0.084% (driving without a license) and the violation of the Road Traffic Act (driving without a license) driving a B tea from the 1km section to the road of the Dong-dong Office in Pyeongtaek-si, Seo-dong, Dong-dong to the same city, without obtaining a driver’s license.
2. On August 24, 2014, the Defendant: (a) was investigated by committing a crime described in paragraph (1) at the Gyeonggi-si Police Station C District District located in Pyeongtaek-dong, Gyeonggi-si; (b) on August 24, 2014, the Defendant arbitrarily stated D’s signature in the notice of consent to voluntary driving, a written statement on the status of his/her driver, and a report on the results of the influence of alcohol driving.
Accordingly, the Defendant forged another person’s signature for the purpose of exercising the right.
3. The Defendant, at the time and place specified in Paragraph 2, presented a voluntary written consent stating the forged D’s signature, a report on the situation of the drinking driver, and a notice of the result of the drinking driving control to the police officer E, who is the police officer in charge.
Accordingly, the defendant exercised his signature of a forged person.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, written consent to voluntary driving, and notification of the control of drinking driving;
1. A report on the status of running a driving and the detection of a driver;
1. Registers of driver's licenses;
1. Application of A photographic Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 239 (1) of the Criminal Act, Article 239 (2) and (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;
1. Selection of a fine for the crime of violating the Road Traffic Act, in the option of punishment;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;