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(영문) 춘천지방법원 강릉지원 2014.01.22 2013고단787

도로교통법위반(음주운전)등

Text

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.

Reasons

Punishment of the crime

1. On September 17, 2013, the Defendant driven an E body-wide car without a driver’s license in a section of about 500 meters from the 500-meter distance from the original residential apartment parking lot of the Hanwon-dong, Sejong to the rear route of the D Hospital located in the same city, at around 22:05 on September 17, 2013, while under the influence of alcohol 0.092% without a driver’s license.

2. Forgery of private signature, and the use of a false investigation or signature;

A. On September 22:23, 2013, the Defendant: (a) received drinking control from the police officer affiliated with the police officer at the later side of the Dental Police Station Fack Police Station Facing the Defendant’s birth to G; (b) signed the Defendant’s name without authority in the driver column of the notification of the result of the influence of drinking driving (PDA); (c) forged another’s signature; and (d) delivered the Facs that knew of such fact to the police officer and exercised it.

B. On September 17, 2013, the Defendant: (a) was notified of the grounds, etc. of the suspension of the license at the office of the Samyang Police Station F patrol Station, which is located in C, on March 22:45, 2013; (b) was signed in G’s name without authority in the driver’s column of the report on the statement, and forged the signature of another; and (c) was issued to the police officer without knowledge of such fact.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, notification of the results of the drinking driving control, and application of statutes to the ledger of driver's licenses;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (2) 3, 44 (1) of the Road Traffic Act (the point of sound driving), Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of unauthorized Driving), Article 239 (1) of the Criminal Act (the point of private signature), Article 239 (2) and (1) of the Criminal Act (the point of private signature) of the Criminal Act, the choice of imprisonment for each sentence;

1. From among concurrent crimes, the crimes of private signature and forgery of notification of the result of the drinking driving control, which is the most severe punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, shall be provided for among concurrent crimes;