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(영문) 서울북부지방법원 2016.06.30 2016고단1445
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 March 10, 2016, around 06:02, the Defendant driven a E-A-D car under the influence of alcohol content of 0.117% without obtaining a driver’s license from the front of the Sk-dong Bank in Seoul, Nowon-gu, Seoul to the front of the D-gu Seoul Northern-gu, Seoul, while driving a vehicle in the influence of alcohol content of 0.117%.

2. On March 10, 2016, the Defendant was required to produce a driver’s license on the road while driving the said E-A-D motor vehicle on the front of the Seoul Southern-gu Seoul Southern-gu road on March 10, 2016, by locking on the road.

Accordingly, the defendant presented the defendant's driver's license as if he was the defendant's driver's license, which is an official document in possession.

Accordingly, the defendant did not use official documents.

3. When the Defendant, at the above date and at the above place, controlled the above F, at the same time and place, he went through as G, and forged the “G” report on the situation of the driver at the State, which was presented by the F, stating that he was “G” in the “name” column of the “name” column of the written statement of the driver at the State, and used the report on the situation of the driver at the State, stating the forged “G”’s signature, as if the signature was written to F who was unaware of the forgery, the Defendant exercised the report as if the genuine signature was written.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in driving, report on the circumstances of a driver who is placed in driving, and inquiry into the results of regulating drinking;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and inquiry about cancellation of licenses;

1. Article 148-2 subparag. 2, Article 44 subparag. 1 (D. Driving under Drinking) of the Road Traffic Act, Article 152 subparag. 1, and Article 43 (U.S. Driving without Driver’s License) of the Road Traffic Act, Article 230 of the Criminal Act, Article 239(1) of the Criminal Act (U.S.’s illegal uttering of official document), Article 239(2) and (1) of the Criminal Act (U.S.’s signature) concerning the crime;

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

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