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(영문) 광주지방법원 순천지원 2016.12.15 2016고단1985
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 4, 2016, the Defendant was under the influence of alcohol at around 22:50, the Defendant driving of the violation of the Road Traffic Act and the Road Traffic Act (unlicensed driving) from around 100 meters away from the road front of a mutually influent restaurant in the influence 0.179% under the influence of alcohol at around 0.179% of the blood alcohol level without obtaining a driver’s license.

2. The Defendant forged private document at the above time and at the front of the Korea Labor Union, the Defendant sent his name and resident registration number as if D, while driving under influence of alcohol at the same time, who was under the influence of alcohol at the direction of the Korean Labor Union, and asked D, “E”, “resident registration number F”, and signed a letter of confirmation of the driver of the driving vehicle’s circumstantial statement, the alcohol measurement and the blood collection notification. The Defendant signed the document as E using a pen in the letter of confirmation of the driver of the driving vehicle’s circumstantial statement, the alcohol measurement and the blood collection notification.

Accordingly, for the purpose of uttering, the Defendant forged a report on circumstantial statement in the name of the above E, which is a private document on proof of fact, and a certificate of blood collection notification, respectively.

3. The Defendant at the above time and at the above place submitted a false circumstantial statement, a alcohol test, and a blood collection notice notice form to the above D, which were not aware of the above facts, and subsequently exercised each of them.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to a report on the statement of the status of a drinking driver, the measurement of drinking, and the notice of blood collection;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning criminal facts;

1.Article 40 of the Criminal Code of Trade and Trade.

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