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(영문) 대구지방법원 2014.02.06 2013고단6877

공문서부정행사등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 00:20 on December 7, 2013, the Defendant was driving C in front of a restaurant located in the dong-gu, Daegu-gu, Daegu-gu, without obtaining a driver’s license, to the front of the bicycle stadium located in the dong-gu, Daegu-gu, Daegu-gu, 1000, a bicycle stadium located in the dong-gu, Daegu-gu.

2. Violation of the Road Traffic Act (Refusal of measurement) provided that there are reasonable grounds to recognize that the Defendant was driving of the said vehicle under the influence of alcohol, such as a string of the Defendant’s snow coming from the driver’s seat of the bicycle stadium in front of the bicycle stadium located in Daegu Suwon-gu, Mann-gu, Daegu-gu, and the width of the bicycle stadium located in the same time as the above paragraph (1) of the same Article, the Defendant did not comply with the request even though he was requested by the head E of the police station located within the D Zone of the Daegu Suwon-gu Police Station to take a drinking

3. The Defendant on the unlawful uttering of official document did not use official document by presenting the F-Class 1 driver’s license, which is an official document issued by the Commissioner of the Gyeongnam Police Agency, as the Defendant was the Defendant’s driver’s license, at the same time, and at the same place as in the foregoing paragraph 2.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The circumstantial report on a drinking driver and the results of the control of drinking driving;

1. Records of seizure and the list of seizure;

1. The user ledger of the measuring instruments for drinking;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, Article 230 of the Criminal Act, and the choice of imprisonment, respectively;

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

1. The defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, has a number of times of drinking driving.