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(영문) 인천지방법원 2016.01.06 2015고단6548

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On August 28, 2015, the Defendant was driving a B rocketing car under the influence of alcohol content of about 0.136% in the blood alcohol level without obtaining a driver’s license on the section of about 15 km from the date front of the mutual influence of the training-dong, Yeonsu-gu, Incheon, to the front day of the gold apartment located in the training-dong, Yeonsu-gu, Incheon, for about 37-8.

2. On the same day, the Defendant: (a) at the Bupyeong-gu Incheon, Bupyeong-gu, Incheon, at around 22:38 on the same day; (b) at the traffic survey station at the Bupyeong-gu, Bupyeong-gu, Incheon around 511, the Defendant: (c) stated “D” in the “D” column; and (d) forged one copy of the Defendant’s circumstantial statement report of the primary driver, which was made in the name of D, a private document on the proof of facts for the purpose of exercising by arbitrarily affixing the Defendant’s seal onto the signature; and (d) exercised at the seat, as seen above, the Plaintiff, who was aware of the forgery, had a false statement report on the circumstances of the primary driver, who was engaged in the forgery, as if the document was duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act on the Traffic of Roads (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 231 of the Criminal Act (the point of driving private documents) and Articles 234 and 231 of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that there is no past record of punishment of imprisonment without prison labor or heavier, and the fact that it is against the law);

1. An order to attend a course under Article 62-2 of the Criminal Act;