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(영문) 수원지방법원 2014.12.18 2014고단4816

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 July 23:00 on July 9, 2014, the Defendant driven a Clearning car under the influence of alcohol content of about 0.153% without a driver’s license on a section of about 400 meters from the shooting distance in front of ELE, which is located in the Jinan-dong, to the ELE, located in the same route.

2. The Defendant forged a private document, or uttering of a private document, at the time and place specified in paragraph (1), and included the name and resident registration number (F) of the Defendant’s “E” in the police officer who became aware of the above crime and asked the Defendant’s personal information to the chief executive officer D, instead of his/her personal information. After the aforementioned D’s preparation, the Defendant forged the report on the primary driver’s launch in the E’s name, which is a private document concerning the certification of facts, and the report on the actual driver’s identity and the report on the actual driver’s identity in the E’s name, which is a private document related to the certification of facts, without authority, with the intention to exercise the right to use it by printed means. As above, the Defendant submitted the forged report on the primary driver’s launch and the report on the actual driver’s identity to the said D, who is aware of such fact.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. A written report from an employee of an employer;

1. Application of the statutes on the register of driver's licenses;

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

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

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 Defendant, with reasons for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, is under the influence of alcohol and driving without a license on January 8, 2014.