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(영문) 서울서부지방법원 2014.09.25 2014고단1477

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 May 10, 2014, the Defendant was driving a Cloper vehicle under the influence of alcohol level of about 0.145% without obtaining a driver’s license from the front of the university located in Jongno-gu Seoul Metropolitan Government Jongno-dong, Jongno-gu, Seoul to the 344-25 front roads, Seodaemun-gu, Seoul.

2. The Defendant’s unlawful uttering of official document was found to have driven the said vehicle on the road in front of the 344-25th day of the 23:31, the 34:31, while driving the said vehicle on the road, and was asked to produce the driver’s license from the Gyeong-gu Seoul Western Police Station D

The defendant presented his driver's license to E, which is a public document in possession, as if he were the defendant's driver's license.

Accordingly, the defendant did not use official documents.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Application of Acts and subordinate statutes on a copy of E driver's license;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning criminal facts, Article 230 of the Criminal Act;

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

1. Selection of each sentence of imprisonment;

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

1. When the suspended sentence of Article 62(1) of the Criminal Act regulates another person's driver's license with the reason of driving under the influence of alcohol, considering the following factors: (a) while presenting another person's driver's license, hiding another person's personal status; (b) the driving force of drinking once; (c) the police is regulating drinking; (d) the police's personal status is true; (e) there is no criminal record other than the above driving force of drinking; and (e)