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(영문) 인천지방법원 2018.03.29 2017고단9210
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 17, 2017, the Defendant: (a) driven a Crocketing car under the influence of alcohol content of about 0.147% while under the influence of alcohol without obtaining a driver’s license, from the road located in the water zone fungcheon-dong, Chungcheongnam-si, Chungcheongnam-si, Sungnam-si; (b) around 10km from the road located in the water zone fungcheon-do; (c) around 23:57 on May 17, 2017, to the road 766:

2. The Defendant forged the signature of the Defendant and signed the investigation at the time and place specified in Paragraph 1, and was discovered by the traffic safety police officer at the Sungnam-nam Police Station in charge of the crackdown on drinking control, and was punished for driving under the circumstances of the driver at the police station in charge of drinking, so he was committed to D, who is the Defendant’s living together, and entered him in the signature column of the statement report on the circumstances of the driver at the same time and stated him as D in the signature column of the above state driver’s statement report, and then, he saw him to the police officer who is aware

Accordingly, the defendant forged another person's signature and used a forged signature for the purpose of exercising the right.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driver's License Register (A);

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 239 (1) of the Criminal Act (the point of signing a private signature), Article 239 (2) and Article 239 (1) of the Criminal Act (the point of exercising the said signature) concerning the crime;

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

1. Selection of sentence of imprisonment with prison labor for a crime of violating the traffic laws on the selective road;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing Article 62-2 of the Criminal Code of the community service order and the order to attend a lecture, despite the fact that there was a history of punishment for drinking driving in 2016.

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