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(영문) 서울중앙지방법원 2016.04.20 2015고단7215
도로교통법위반(음주운전)등
Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 29, 201, Defendant A’s sole criminal defendant was sentenced to a suspended sentence of ten months by imprisonment with labor for a violation of road traffic laws at the Seoul Central District Court on June 29, 201, and on November 9, 2012, Defendant A was sentenced to a summary order of three million won by the same court as a crime of violating road traffic laws.

On June 20, 2015, the Defendant driven a Fbenz car at a 10-meter level under the influence of alcohol content of 0.129% in blood on the e-line located in Ulsan-gu, Ulsan-gu, Seoul-do.

2. On June 20, 2015, the Defendants jointly committed the crime committed by the Defendants: (a) around 04:07, the victim G (24 tax) and Sinbb around the E-line located in Ulsan-gu, Ulsan-gu; (b) Defendant A took the victim’s chest by hand; (c) Defendant B took the victim’s chest by hand; and (d) Defendant B pushed the victim’s chest by hand.

Ultimately, the Defendants jointly assaulted the victim.

3. On June 27, 2015, at around 20:48, the Defendant committed a single crime by Defendant B, under investigation with regard to the above paragraph 2, etc. at the 25 U.S. Criminal Team office in the Nam-gu Police Station in Ulsan District, Ulsan District, the Defendant was committed as if he were the Defendant’s friendly birth. After completion of the investigation, the Defendant stated “H” in the signature column of the suspect interrogation protocol printed out in the above H’s name, and then delivered I to the police officer belonging to the said police station.

Accordingly, the Defendant, for the purpose of exercising, forged the above H’s signature, and delivered it to the above I as if it was duly formed.

Summary of Evidence

1. The Defendants’ respective legal statements

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police to J;

1. Investigation report (Evidence record 60 pages);

1. Notification of the results of regulating drinking driving;

1. A photograph of a person under consideration (Evidence 53 pages) and a photograph of CCTV images taken;

1. Previous convictions in judgment: He/she shall apply a written reply to inquiry, such as criminal history (A), and Acts and subordinate statutes to report an investigation (request for summary order for a suspect A drinking

1. Article 148-2 (1) 1 of the Road Traffic Act and the defendant A who is selected to commit a crime:

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