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(영문) 의정부지방법원 2014.08.07 2014고단1796
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 of the final judgment.

Reasons

Punishment of the crime

On April 15, 2011, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court, and a fine of two million won for the same crime at the Jungbu District Court on August 19, 2013.

1. A person who violated Article 44(1) of the Road Traffic Act at least twice, as seen above, the Defendant driven CSM5 automobiles at a section of about 100 meters from the front of the 54 Hamart to the front of the 54 Hamart to the citizen of the Gu in the state of under the influence of alcohol by 0.176% of the blood alcohol concentration at around 23:20 on May 4, 2014.

2. The Defendant, at the above time and time, was required to verify, sign and seal the “Report on the Statement on Exemplary Drivers’ Status” from the head of the police station affiliated with the Gangwon-gu Police Station, on the ground that the drinking driving was controlled as seen above, even underground vehicles of the government office as citizens of the above time and at the above time.

The Defendant: (a) sent D the name and resident registration number of pro-friendly E in order to conceal his/her drinking driving; (b) sent D the “report on the Statement of Pro-Japanese Drivers”; (c) signed E in the name column of the end of the report; and (d) signed E in the name column of the end of the report.

The Defendant, for the purpose of exercising the foregoing, forged one copy of the report on the state-employed driver’s statement in the name of E, which is a private document concerning a certificate of fact, and issued it to D as if it was duly formed.

Summary of Evidence

1. Defendant's legal statement;

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

1. Entry in the report on the statement of the status of the driver, the driver, and his existing address (Evidence No. 7 pages);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Criminal Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 231 of the Criminal Act (the point of aiding private documents), Articles 234 and 231 of the Criminal Act (the point of uttering of falsified Investigation Documents), each of them shall be the case;

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