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(영문) 전주지방법원 2016.10.11 2016고단799
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

【Criminal Power】 On December 19, 2014, the Defendant received a summary order of KRW 1.5 million from the Jeonju District Court to a fine for a violation of the Road Traffic Act; and on July 27, 2015, the same court issued a summary order of KRW 4 million to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

1. On March 5, 2016, the Defendant: (a) driven a Cdecent vehicle with a blood alcohol concentration of about 0.072% without a driver’s license in a section of about 1km from the front side of the former North Korean University, which was located in the Dudjin-gu Degic Vibration on March 5, 2016, to the front side of the 418 recommended school, located within the same Gu, within the same Gu.

2. On March 5, 2016, the Defendant: (a) around 02:10 on March 5, 2016, entered the name and resident registration number of the Defendant-friendly G, who was living together with the Defendant, and entered “G” in the column of the statement of suspension of driver’s license and the statement of suspension of the driver’s license, when the Defendant controlled the Defendant-friendly G, who was under the influence of alcohol driving from the former Jin-gu Seoul Special Metropolitan City E District; and (b) the Defendant’s name and resident registration number, who was under the influence of alcohol driving from F in the region belonging to the said district, as he was his G.

As a result, the Defendant forged G’s signature for the purpose of exercising, and exercised the signature of the said F with the signature of the said F, as if the signature of the forged G was written in the circumstantial statement of the driver, and the written disposition suspending driver’s license, respectively, as if the signature was duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Report on the crackdown of the violation of the Road Traffic Act;

1. Notification of the control results of drinking driving and a report on detection of drinking drivers;

1. A report on internal investigation:

1. A report on the investigation of a suspected violation of the Road Traffic Act;

1. A copy of personnel order, and an order of service in operation;

1. Registers of driver's licenses;

1. A driver's license;

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