logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2016.12.14 2016고단553
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

1. Around July 22, 2016, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (Driving without a license) driving on July 22, 2016, the Defendant driven Bone Star Sheet under the influence of alcohol with approximately 1.6m alcohol concentration of about 0.067% without obtaining a driver’s license at the section of approximately 1.6 Km from the front side of the day of the camping restaurant located in the Donsan-ro, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul Metropolitan Government, to the front side of the new road in the same face of the same west.

2. On July 22, 2016, around 20:20:27, the Defendant: (a) controlled a police officer, who belongs to the C district unit of the Budget Police Station, to a police officer, who was in front of his/her own name, for drinking under paragraph (1); (b) stated “E” in the signature column of the report on the circumstantial statement of his/her own punishment E; and (c) submitted the report stating the forged signature to the said police officer as if the report was duly formed.

Accordingly, the defendant forged another person's signature for the purpose of exercising his/her right, and exercised a forged signature.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Evidence Nos. 1), report on detection of a drinking driver, report on the circumstances of each drinking driver, notification of the results of crackdown on drinking driving, results of measurement of drinking driving, photographs related to drinking control, application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 239 (1) of the Criminal Act, and Article 239 (2) and (1) of the Criminal Act, concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The circumstances below the reasons for sentencing under Article 62-2 of the Criminal Act, and the defendant's age, character, character and environment, and this.

arrow