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(영문) 수원지방법원 2015.12.23 2015고단5154

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 00:10 on August 5, 2015, the Defendant driven a D-learning car under the influence of alcohol concentration of about 0.142% without a driver’s license, from a section of about 100 meters to a “C” road located in B from the front line of the trade in Suwon-si, Suwon-si, Suwon-si, to the front line of the restaurant.

2. Around 00:10 on August 5, 2015, the Defendant forged a private document, and the uttering of the private document came to be subject to drinking control from E on the street in front of the restaurant “C” as indicated in paragraph (1) of the same Article, and subsequently, the Defendant saw the Defendant’s friendly job offering F of F as if he/she was the Defendant’s friendly F of F, and then forged the document by stating the “F” to the column for the driver’s name of the driver’s name in the private document report and the blood collector’s name in the letter of consent to blood collection, which is a private document, without authority, and subsequently, exercised the falsified driver’s report and blood collection consent as seen above to E.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver (investigative records 8 pages);

1. Results of request for appraisal;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to the statement of de facto driver (the 32 pages of the investigation record, the title of evidence is “the statement of de facto driver,” but the actual document name is “the circumstantial report of the de facto driver,” and the consent to blood collection.”

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 231 of the Criminal Act, 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 Concurrent Crimes;

1. The fact that each of the selective fines for punishment is recognized and reflected, the fact that he voluntarily surrenders himself to the crime of forging private documents, and one time.