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(영문) 인천지방법원 부천지원 2013.05.08 2013고단226
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around 03:00 on August 28, 2012, the Defendant driven CT-100 Oralbs without a license for a motorcycle while under the influence of alcohol content of about 0.204% from the 1km section of approximately 1km from the 353-2m-204% of alcohol level to the 584-12-ho-dong, Oral-si, Macheon-si.

2. On August 28, 2012, around 03:3, 2012, the Defendant: (a) at the Damcheon-gu D Police Station, the Defendant: (b) was required to take a drinking test and to affix signature on the Posing-out report and the circumstantial statement of the Posing-out driver; (c) without authority, the Defendant took the Defendant’s Posing-out as the Defendant’s Posing-F; (d) signed each signature on the Defendant’s Posing-out report and the Posing-out statement on the Posing-out driver’s Posing-out driver’s Posing-out and the Posing-out driver’s Posing-out driver’s Posing-out on the said F’s name; and (e) forged one copy of the Posing-out driver’s Posing-out driver’s Pos

Summary of Evidence

1. Defendant's legal statement;

1. A written order issued under the F driver's name, and a circumstantial report filed under the circumstances of the driver's license;

1. A written proposal from an employer and a circumstantial report from an employer;

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

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning criminal facts, Articles 231 and 234 of the Criminal Act;

1. Crimes under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes (the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act);

1. Selection of imprisonment with prison labor chosen;

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 on the suspension of execution (Consideration of military force, health status, etc. of the accused);

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