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(영문) 대구지방법원 서부지원 2015.07.02 2015고단783

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 8, 2015, at around 14:16, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.053% without a vehicle driver’s license, the Defendant driven a 10km Eri-be, ri-ro, ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ro from the upper 32-23rd west-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-do west-do-ri-ri-ri-ri-ri-do west-do-ri-ri-ri-ri-ri-do west

2. The Defendant, at the time and time stated in the preceding paragraph, signed “G” on the driver’s signature column of the PDA’s signature of the PDA and forged the signature of “G” on the PDA’s signature of the PDA when the Defendant was committed as if he were the said G, and submitted the PDA’s report on the PDA’s statement on the PDA statement, etc. stating the forged G’s signature to the said FF without knowledge of the forgery.

Accordingly, the defendant, for the purpose of exercising authority, forged another's signature without authority and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;

1. The ledger of driver's licenses;

1. Application of the investigation report (name and appearance of a suspect), investigation report (the application of Acts and subordinate statutes to the suspect);

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (a point of sound driving), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (a point of driving without a license), Article 239 (1) and (2) of the Criminal Act (a point of driving without a license), concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences, the choice of punishment, and the punishment;

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

1. The suspended sentence is more favorable than the reasons for sentencing under Article 62(1) of the Criminal Act.