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(영문) 광주지방법원 2013.08.29 2013고단2613

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, 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. Around 22:13 on May 31, 2013, the Defendant: (a) driven a Cinep car at a section of about 100 meters from the front of a mutually unfilled restaurant located in the Suwon Mine-dong to the front of the same Sejong Reading Center, while under the influence of alcohol by 0.075% of blood alcohol level.

2. The Defendant, at the same date and time as described in paragraph (1), was discovered to the slope D belonging to the Gwangju Mine Police Station in the influence of alcohol at a place as indicated in paragraph (1), and the Defendant entered the report on the state of driver's situation and the report on the state of driver's situation and the report on the result of the control of the state driving (PDA) of the portable Information Terminal (PDA) presented without authority as the Defendant's pro-friendly E, respectively.

Accordingly, for the purpose of exercising, the Defendant forged E’s signature, and exercised it by presenting it to the above D who knew of such fact as if it was duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and application of Acts and subordinate statutes to the report on detection of drinking drivers;

1. Relevant Article of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment), Article 239 (1) of the Criminal Act (the point of private signature) and Article 239 (2) and (1) of the Criminal Act (the point of exercising a false investigation signature) of the choice of criminal facts;

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

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, Article 59 of the Probation Act, the Defendant driven a motor vehicle in the main state of blood alcohol concentration of 0.075%, and the Defendant actively attempted to avoid the responsibility for the instant crime by forging and exercising his signature, etc., it is deemed necessary to punish the Defendant.