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(영문) 광주지방법원 2017.11.14 2017고단4187
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for seven 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

On November 20, 2008, the Defendant was issued a summary order of KRW 700,000,000,000 as a fine for a violation of Road Traffic Act (drinking) at the Busan District Court’s Branch Branch Branch on November 20, 2008, and on March 18, 2014, as the same crime, at the Gwangju District Court

1. On August 10, 2017, the Defendant was under the influence of alcohol content of 00:35% in blood, and the Defendant driven a car with B low-speed car in the section of approximately 5.6 km from the front day of the Gwangju Ma-ro, Seo-gu, Seo-gu, Gwangju Ma-gu to the front day of the regular course of business located in the Seo-gu, Seo-gu, Gwangju Ma-gu.

2. When the Defendant was discovered by drinking alcohol driving at the same time and place as set forth in paragraph 1, and received a request for drinking alcohol measurement from police officers C at the police station C of the Seo-gu Police Station in Gwangju Seo-gu, Gwangju, the Defendant stated E’s name and resident registration number as he is pro-friendly E, and accordingly stated the name of “E” in the driver’s statement report prepared by the above police officer, and presented it to the above police officer as if he were duly prepared.

Accordingly, for the purpose of exercising authority, the Defendant forged and exercised the signature of E without authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (a summary order of the same kind of force);

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2(1)1, 44(1) (the point of drinking alcohol and the choice of imprisonment), Article 239(1) (the point of signing a private signature) of the Criminal Act, and Articles 239(2) and 239(1) of the Criminal Act (the point of exercising a private signature) of the Road Traffic Act;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order;

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