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(영문) 수원지방법원 2014.01.28 2013고단6038

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, at the Suwon District Court on July 6, 2007, was punished by a fine of 1.5 million won for a violation of the Road Traffic Act, and at the same court on August 24, 2011, sentenced to a suspended sentence of two years for the same offense, etc.

1. On October 13, 2013, the Defendant: (a) driven a DNA cargo vehicle with a blood alcohol concentration of 0.127 percent, without obtaining a driver’s license, at a section of about 300 meters from the water zone B lending in port of Taesi-si to the roads front of the said C elementary school, around 23:30 on October 13, 2013; (b) the Defendant driven a DNA cargo vehicle under the influence of alcohol content of 0.127 percent.

2. Forgery of private signature, and uttering of a falsified investigation or signature;

A. The Defendant, at the front of the C Elementary School located in Suwon-si District E at the above temporary border, notified that F, as his/her personal information, was known to the police officer of the transportation management department of the Seocho-gu Police Station, he/she signed the G as if he/she was G in the F’s portable information device, and submitted his/her signature to F, thereby putting the signature of G on the F’s portable information device.

B. The Defendant above A.

In the confirmation column of the circumstantial report of the host driver continued at the date, time, and place under this paragraph, the name and signature of G was signed by him as if he was G, and submitted his signature to F.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial report of an employee;

1. A report on investigation (the examination record, No. 20 pages);

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 53 of the Criminal Act for discretionary mitigation.