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(영문) 수원지방법원 2014.05.12 2014노811
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

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

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. Then, prior to the judgment on the grounds for appeal ex officio, the prosecutor examined the facts constituting the crime in the judgment below.

The following facts are changed as stated in the crime, and the applicable provisions of the Criminal Act added Articles 231 and 234 to the applicable provisions of the Criminal Act, and the object of the trial was changed by this court's permission, so the judgment of the court below is no longer maintained.

3. If so, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts constituting a crime and the summary of the evidence recognized by the court is to delete the "A." as stated in the judgment of the court, and to delete the "A." as stated in paragraph 2-B.

The Defendant, at around 23:30 on October 13, 2013, engaged in the fabrication of private documents and the uttering of the falsified Private Document, is identical to each corresponding column of the judgment of the court below, except for the alteration to the following: “The Defendant, at the end of the C Elementary School located in Suwon-si, Suwon-si, the Defendant, continuing to submit a report on the situation of the driver under the name of G, a private document concerning the certification of facts, by forging the said G, instead of his name, with his name and signature as if he were G, and then forging the report on the driver under the name of the said G, which is a private document concerning the certification of facts, and issued it to the said F, who is aware of the fact at the seat, as if he were genuine, and exercised it.”

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1 of the Road Traffic Act, Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 152 subparagraph 1 of the Road Traffic Act, Articles 152 and 43 of the Road Traffic Act (the point of driving without a license), Article 239 (1) of the Criminal Act for criminal facts, and the Criminal Act.

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