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(영문) 광주지방법원 2016.02.25 2015고단4820

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. On November 26, 2015, the Defendant: (a) driven B automobiles at approximately 2 km near the 110 National Museum of Gwangju National Museum while under the influence of alcohol at around 07:30 on blood without a driver’s license; (b) around November 26, 2015, the Defendant driven B automobiles at around 110 kilometers of alcohol while under the influence of alcohol.

2. On November 26, 2015, the Defendant: (a) controlled drinking driving at around 08:50, and voluntarily accompanied to the traffic safety system of the Gwangju Northern Police Station located in the Yongsan-gu, Gwangju; (b) led to the death of C’s resident registration number, etc. due to concerns over unlicensed driving, etc.; and (c) carried out the said C’s act as if he were the said C; (d) the police officer D, who belongs to the said police station’s traffic safety division, prepared the statement report of the state driver, the written consent of voluntary accompanying, and submitted it to the Defendant with the intention of exercising his signature upon the request of the Defendant.

As a result, the Defendant forged the Defendant’s oral statement report and voluntary accompanying document C, respectively, and exercised it.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating drinking driving, voluntary consent, statement of the situation of the driver placed in driving, investigation report, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol, the choice of imprisonment), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license, the choice of imprisonment), Article 239 (1) of the Criminal Act (the point of each letter of apology), Article 239 (2) and Article 239 (1) of the Criminal Act (the point of each letter of apology), Article 239 (2) of the Criminal Act (the point of each of the above investigation) concerning the crime;

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

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are as follows, and the defendant's age, sex, environment, background of the crime, and circumstances after the crime is committed.