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(영문) 대구지방법원 포항지원 2016.08.17 2016고단814

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On July 31, 2015, the Defendant: (a) driven a motor vehicle under the influence of alcohol leveling 0.097% in alcohol leveling from a three-way range located in the master road in Chuncheon City at around 3:30 on July 23, 2015 to a D convenience store located in C, while driving a motor vehicle under the influence of alcohol leveling to approximately 200 meters.

2. When the Defendant violated the Resident Registration Act while driving alcohol on the road in front of the above D convenience store, and was discovered to G by the Gyeongcheon Police Station F District G, Chuncheon Police Station, the Defendant unlawfully used the name and resident registration number (I) of H as he was the Defendant’s pro-friendly H, thereby unfairly using another person’s resident registration number.

3. The Defendant forged the above H’s signature or signed the above investigation at the time and place specified in paragraph 2, stating the name of the above H, which was demanded from the above Gyeong to sign the driver’s sexual name column of the statement report on the situation of the driver at the bar, and used it for the purpose of exercising the right. The Defendant forged the above H’s signature without authority, and submitted to the above Ham G the statement report on the circumstances of the driver’s identity whose signature was forged.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect of H;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes governing certified copies;

1. Relevant Article 239 (1) of the Criminal Act, Article 239 (2) and Article 239 (1) of the Criminal Act, Article 239 (1) of the Criminal Act (the point of exercising the above investigation signature), Article 37 Subparag. 10 of the Resident Registration Act (the point of using another person's resident registration number illegally, the choice of imprisonment), Articles 148-2 Subparag. 3 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment);

1. The reasons for sentencing in Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code for the aggravated concurrent crimes are as follows: (a) the family members and the wife of the defendant wanted to have the prior location of the defendant; and (b) the defendant reflects his fault.