logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2018.09.19 2018고단2057
도로교통법위반(무면허운전)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 17, 2018, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) driving a DPoter trucking vehicle with approximately KRW 5 km from the road front of the Dong Center in the 1st century in the city of Seocheon-si to the road in the same city, while under the influence of alcohol level of 0.15% without a driver’s license on July 17, 2018.

2. Around July 17, 2018, the Defendant signed the “E” in the “E” column of the driver’s opinion statement in the state of the driver’s statement, without authority, for the purpose of exerting criminal punishment as if he/she was a son E, by putting together the concern that the Defendant would be punished for drinking and driving without a license on the road for filling C in front of the filling station in the above B.

Accordingly, the defendant, without authority, has forged his signature by signing another person E.

3. The Defendant, at the time, and at the place specified in the foregoing paragraph (1), submitted a written statement of the driver’s situation of the State who forged the above signature to F Superintendent G of the Ocheon-gu Police Station F of the Republic of Korea who is unaware of the circumstances.

Accordingly, the defendant exercised a forged private signature.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at each driving school;

1. Notification of the results of regulating driving of alcohol, reporting on the circumstances of driving of alcohol, and application of statutes to the ledger of driver's licenses;

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 driving a private license) and Article 239 (2) 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 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 suspended execution;

1. The following circumstances and alcohol concentration, driving distance, and reasons for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend lectures.

arrow