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(영문) 서울중앙지방법원 2013.05.24 2013고단1450
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 25, 2010, the Defendant was sentenced to imprisonment with prison labor for ten months and two months at the Seoul Northern District Court on March 25, 201, respectively, and completed the execution of the sentence at the Jung-gu prison on January 14, 201.

1. Around 21:30 on May 16, 2012, the Defendant was under the influence of alcohol by 0.175% on blood alcohol concentration, and the Defendant driven a C-ro vehicle from the 13km section in the section of approximately 13km from the tegro to the road in the Namnam-si, Gangnam-gu, Seoul.

2. The Defendant, while driving a motor vehicle at the above time and at the above place, was in control of the occurrence of the traffic accident, prepared a report on the detection of the drinking driver and the circumstantial report on the drinking driver, carried out as if he was his relative D, and submitted to the Seoul Gangnam Police Station Traffic Survey Assistant E with his name written in the driver’s name column, signed and signed each of D’s name and signed on it.

Accordingly, the Defendant, for the purpose of uttering, forged D’s report on detection of drivers and the circumstantial statement of drivers in the name of D, which is a private document related to the certification of fact, and submitted it to the Seoul Gangnam Police Station Traffic Survey Assistant E, which is unaware of the forged fact, and held the aforementioned report on detection of drivers and the circumstantial statement of drivers.

Summary of Evidence

1. Defendant's legal statement;

1. Papers of measurement records of drinking alcohol;

1. A written report from an employee of an employer;

1. A report on the actual state of the driver;

1. A certified copy of the removal;

1. Investigation report (in currency with a suspect);

1. Previous records: Application of criminal records and other inquiry reports, investigation reports (a repeated crime judgment and confirmation of the date of release);

1. Relevant Article of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The Criminal Act among concurrent crimes.

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