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(영문) 의정부지방법원고양지원 2020.11.05 2020고단2190

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On March 20, 2020, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court.

【Criminal Facts】

1. On May 15, 2020, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) driving a vehicle without obtaining a driver’s license from around 02:45 on May 15, 2020, and the Defendant driving a vehicle with CA-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-C-W-W-W

As a result, the defendant violated the prohibition of drinking driving more than twice, and at the same time, operated the car without the driver's license.

2. The Defendant: (a) controlled the police on the ground that he had driven a drinking alcohol at the time and place specified in paragraph (1); (b) signed the “E” to the name column of the “E” report on a driver’s circumstantial statement; (c) blood collection consent and confirmation document; and (d) seizure protocol; and (c) deemed that the Defendant was genuinely formed the “E” to the said D, which includes the signature of the “E”, “E’s circumstantial statement on the driver’s own; and (d) the consent and confirmation document on blood collection; and (e) seizure protocol.

Accordingly, the Defendant forged the E’s signature for the purpose of exercising it over three times in total, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statements of the police suspect suspect report concerning E, consent to blood collection and confirmation, and the existence of a seizure protocol concerning E;

1. Written appraisal of blood alcohol concentration, report on the circumstances of a drinking driver, report on the circumstantial statement of a drinking driver, and inquiry into the results of the crackdown on drinking driving;

1. Previous records before ruling: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (Evidence List No. 21);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol not less than twice) concerning criminal facts, and the Road Traffic Act;