beta
(영문) 울산지방법원 2015.02.13 2014고정1918

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a Category C driver's vehicle owned by Dongwon B (Nam, 33 years old).

1. On May 29, 2012, the Defendant, while under the influence of alcohol at around 23:35, the blood alcohol concentration of 0.092%, driven the said car by approximately six kilometers in front of the old defense Dong office in front of the same defense Dong-dong, Ulsan-dong, Ulsan-dong, without a driver’s license.

2. The Defendant, as described in paragraph 1, was found to have been driving while driving as a drunk driving by Ulsan-dong Police Station Assistant Inspector D, the traffic safety department of the Ulsan-dong Police Station, and was demanded to sign and seal the personal information of type E ( South, 39 years old) which was going to normal, and a written statement, etc. prepared by the control police officer with his personal information of type E from the control police officer.

Accordingly, for the purpose of exercising, the defendant stated that E is the above documents, signed, and forged a private document.

3. The Defendant issued the documents prepared in the same manner as described in paragraph 1 to the police officer who was aware of the forgery and exercised them as if they were duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. A report on detection of a host driver;

1. Report on the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 3, 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 Commercial Concurrent Crimes Act (the punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, and a violation of the Road Traffic Act, of which punishment is heavier);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;