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(영문) 광주지방법원 2017.04.27 2017고단21
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 19, 2016, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (dMW car driving without a license) driving at around KRW 500 meters from the mutual influent restaurant in the valley-dong of Gwangju Mine-gu to the lower end of the road from the same Gu-ro to the same Gu-ro delivery, while driving a DM car under the influence of alcohol concentration of 0.157% while under the influence of alcohol without a driver’s license.

2. The Defendant, at the time and place specified in the preceding paragraph, raises an objection to the alcohol alcohol measurement value after driving a drinking driver to E and an assistant F of the mine police station, demanding the police officer to collect blood, and directly state his/her personal information to the police officer who asked his/her personal information.

In doing so, the body of the person who consented to the blood collection consent letter using a color pension, stated “G”, “H”, and “G” in the body column of the resident registration number column, “H”, and “Y” in the body column of the State, and signed the consent letter to “G”.

Accordingly, the Defendant forged one copy of the letter of consent to blood collection in the name of G, which is a private document on rights and obligations.

3. On December 19, 2016, the Defendant, at the K Hospital emergency room located in theJ of Gwangju Mine on December 23:10, 2016, exercised the instant investigation document to the said police officer as if the consent to collect forged blood was duly established as stated in paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving under drinking, notification of the results of regulating drinking driving, and report on detection of the driver under driving under drinking;

1. The driver's license ledger;

1. Application of the statutes of the response request for appraisal;

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act on the Traffic of Roads (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 231 of the Criminal Act (the point of driving private documents) and 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 Competition;

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Code of the Aggravated Punishment of Concurrent Crimes (However, the lowest limit).

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