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(영문) 서울중앙지방법원 2013.06.21 2013고단2427

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On February 20, 2013, the Defendant was driving without obtaining a driver’s license on February 23, 2013, the blood alcohol concentration of 0.132%, while under the influence of alcohol at the 0.132%, the Defendant driven a 10m rocketing car at the back of the 890-59, Gangnam-gu, Seoul.

2. Around 00:01 on February 21, 201, the Defendant responded to a drinking test at the Seoul Western Police Station and the Transport Survey Office located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and the Defendant signed a driver’s statement stating “I, as the subject of cancellation, confirm that the above contents were the same as the facts, and notify that I would be able to collect blood if they are recognized and unfair as the result of the measurement,” on the driver’s column stating “I, as the subject of cancellation, sign you do not want to do so,” and signed on D’s name and signed on D’s name with the aim of exercising the said right.

3. The Defendant, at the time and place specified in Paragraph 2, submitted to F, as if he were duly formed, a falsified driver’s circumstantial statement report, which was forged, to F, who was aware of the forgery.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control details prepared by the F;

1. Descriptions of a report on detection of a host driver;

1. Entry in and existing written statements of the circumstances of the drinking driver;

1. Application of Acts and subordinate statutes to entry in the register of driver's licenses;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act (the crimes of sound driving) shall be added; and