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(영문) 창원지방법원 2017.12.22 2017고단3506
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

Criminal facts

On August 18, 2015, the Defendant was issued a summary order of KRW 1 million by the Changwon District Court for a crime of violating the Road Traffic Act, and a summary order of KRW 2 million by the Changwon District Court on February 29, 2016 for a crime of violating the Road Traffic Act.

1. On June 22, 2017, the Defendant: (a) driven a C S-T-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P

2. The Defendant was required to present a driver’s license to a police officer D who belongs to the police station in the Kim Young-gu, who controlled drinking while driving a C SP car at the time and place specified in paragraph 1.

Accordingly, the defendant presented the defendant's model E driver's license under the name of the National Police Agency in Gyeongnam-nam, which is an official document in possession, as if he was the defendant's driver's license.

Accordingly, the defendant did not use official documents.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Details of short-term inquiries;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking) of the same Act, Article 230 of the Criminal Act (the point of uttering of official document) and the choice of imprisonment for each of them;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act include: (a) the Defendant’s mistake in depth and reflects his/her depth; and (b) there are some circumstances to consider the motive and circumstances leading to each of the crimes in this case.

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