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(영문) 창원지방법원 2014.09.05 2014고단1153

도로교통법위반(음주운전)등

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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. Violation of the Road Traffic Act and the violation of the same Act (driving without a license) are the drivers of B Kanop vehicles.

On April 22, 2014, at around 23:58, the Defendant, without a driver’s license, driven the said car at a volume of approximately 500 meters from the “Cheong Sea Building” located in the Sungwon-si, Sungwon-si to the front road located in the same Dong from the “Cheongwon-dong Elementary School” located in the Changwon-si, Sungwon-si to the same level of alcohol content without a driver’s license.

2. On April 23, 2014, at around 00:04, the Defendant: (a) requested to take a drunk test from C in the process of the traffic control department of the Changwon Police Station in charge of the control of drinking driving; (b) conducted a drunk test; and (c) conducted a drunk test; and (d) the Defendant requested to present personal information from the said C; and (d) the Defendant’s personal information was unknown.

Accordingly, the above C prepared a circumstantial statement report on D, entered the pertinent matters into a portable information terminal (PDA) capable of printing out a meeting for drinking control results of the above D, and demanded the Defendant to sign the report, the Defendant signed the “D” in the driver’s column of the above circumstantial statement report, signed the “D” in the above PDA, and submitted or delivered it to the police officer.

Accordingly, for the purpose of exercising authority, the Defendant forged the above D’s signature without authority, and exercised it to the above C without knowledge of the fact.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes No. 1, 2, 4, and 8 of the evidence list submitted by the prosecutor;

1. Relevant Article 239 (1) of the Criminal Act for the crime (the point of private signature) and Article 239 (2) and (1) of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act for the crime;

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

1. Selection of imprisonment with prison labor for a crime of violation of the Road Traffic Act;

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