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(영문) 부산지방법원 2013.12.04 2013고단5799

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight 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 00:02 on August 18, 2013, the Defendant driven DK 5 vehicle under the influence of alcohol without a vehicle driver’s license at a section of approximately 500 meters from the 500 meters to the river front of the river station located in the same trisular road located in the trisa-dong of Busan Metropolitan City to the river in the same trisa-dong.

2. Around 00:20 of the same day on the front of the aforementioned river station, the Defendant forged a private document, and the uttering of a falsified document, caused the above E to prepare a report on his model F resident registration number, which stated F’s personal information, on the road in front of the aforementioned river station, and then sent it to the driver’s name, stating that it is F with a black pen in the driver’s name column of the report on the state-owned driver’s parliamentary statement.

Accordingly, the Defendant, for the purpose of uttering, forged a copy of the report on the state-owned driver statement, which is a private document on the rights and obligations in F’s name, and exercised it by submitting a forged statement on state-owned driver status by submitting it to the above E, who is unaware of the circumstances.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to reports on the statement of his/her oral statement (F name);

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the crime;

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, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The defense counsel regarding the assertion of defense counsel under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures shall make a report on the state of the principal driver.