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(영문) 의정부지방법원 2018.07.17 2018고단1713
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for nine 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 February 9, 2018, the Defendant, while under the influence of alcohol at around 16:10, driving a motor vehicle with a level of about 10 kilograms C200 km from the influent land below the ebbbbb-si in the Gyeonggi East-gu to the viewing distance at the Yang-dong-dong in both weeks without obtaining a driver’s license on February 16, 2018.

2. The Defendant violated the Resident Registration Act: (a) arrested a flagrant offender to F, etc. during the service of a police box E boxes in the Yangju Police Station called out after receiving 112 reports that there was a suspicion of drinking alcohol driving at the same time and place as indicated in the foregoing paragraph (1); and (b) notified the said F, etc. of G’s resident registration number “H” while moving to the said F, etc. to the police station in the Jeondong-dong Police Station at the time of the game, and used the said F, etc.

3. The Defendant: (a) arrested a flagrant offender at the time, place, etc. mentioned in the foregoing paragraph (2); (b) forged the signature by stating the name of “G” in the certificate of arrest of a flagrant offender; (c) a state driver’s circumstantial statement statement; and a written confirmation of the arrested and detained suspect’s body; and (d) submitted the document as if the signature was duly formed, thereby exercising the forged signature.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the internal investigation report (all documents related to the arrest of flagrant offenders), reports on detection of drivers of primary drivers, circumstantial statements of drivers of primary drivers, and registers of drivers' licenses;

1. Article 148-2(2)3, Article 44(1) of the relevant Act on the Traffic of Roads (the point of drinking alcohol), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (the point of unauthorized Driver’s License), Article 37 Subparag. 10 of the Resident Registration Act (the point of unlawful use of resident registration number) (the point of unlawful use of resident registration number), Article 239(1) of the Criminal Act (the point of private signature), Article 239(2) and (1) of the Criminal Act (the point of exercise of the aforementioned investigation) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;

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