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(영문) 의정부지방법원 고양지원 2014.01.09 2013고단1675

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 15, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) and a fine of six million won on February 2, 2012 by the same court in the same court as the same crime, etc.

On August 4, 2013, around 21:55, the Defendant driven a F Uidi vehicle with an alcohol content of 0.208% under the influence of alcohol on the front of the Geumwon School located in Geumju-dong 974, Geumju-dong, Geum-dong, Geum-dong, with approximately 1km from around 329-29 up to the road.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

2. On August 5, 2013, the Defendant: (a) around 00:04, at the transportation inspection department office of the Pakistan Police Station located in the Geum-dong-dong-dong-si, who was examined by G and prepared a protocol of examination of the suspect; and (b) signed and sealed the statement column at the end of the protocol in the name of “H” which is the Defendant’s birth.

Accordingly, for the purpose of exercising, the Defendant forged the above H’s signature, and issued the above interrogation protocol to the police officer G who knew of such fact, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. A protocol concerning the police investigation of H concerning H;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 239 (1) of the Criminal Act, and Article 239 (2) and (1) of the Criminal Act, concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act (the crimes of unlicensed driving) shall be more severe;