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(영문) 수원지방법원 성남지원 2016.01.07 2015고단2669

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.However, the execution of the above sentence 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 10, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving without a license) on the ground of a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving without a license) on the grounds of a violation of the Road Traffic Act (driving without a license) in the support of the Sungnam branch of the Suwon branch of the Suwon branch of the water source, and was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving without a license) on August 24, 201, and was sentenced to a fine of one hundred and five million won for a violation of the Road Traffic Act (driving without a license) on February 3, 2015.

On September 22, 2015, the Defendant driven a Maz car under the influence of alcohol leveling 0.129%, without a driver’s license, from around the mutual influent restaurant in the Song-dong in Gwangju-si to the front of the D District in the same city.

2. On September 22, 2015, the Defendant, as indicated in paragraph (1) around September 22, 2015, committed the act of forging a private document and the event of the said investigation document, entered the “F” in front of the “D District” in Gwangju City, stating that it was required by slope E to sign a notice of the result of the crackdown on drinking driving, and sign a report on the circumstances of the driver at driving.

Accordingly, the suspect, for the purpose of exercising the right, forged a notice of the result of drinking driving control in the name of "F", which is a private document on proof of facts, and a state driver's circumstantial report and submitted it to the above E, which is not aware of the fact.

Summary of Evidence

1. Statement by the defendant in court;

2. Notification of the results of regulating driving of each drinking alcohol and the circumstantial report on each driver of each drinking alcohol;

3. Application of Acts and subordinate statutes to the driving license ledger;

1. Article 148-2(1)1 and Article 44(1) of the Road Traffic Act concerning facts constituting an offense; Article 152 Subparag. 1 and Article 43 of the Road Traffic Act; Article 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act concerning facts constituting an offense;

2. Article 40 and Article 50 of the Criminal Act for the ordinary concurrences and Selection of Punishments. Article 50 (Selection of Imprisonment with Labor)

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

5. Article 62 (1) of the Criminal Act on the suspension of execution;

6. Social service order;