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(영문) 수원지방법원 2014.09.03 2013고단4809
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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. On August 17, 2013, the Defendant was driving B Poter cargo vehicles under the influence of alcohol by 0.101% without obtaining a driver’s license from a section of about 500 meters from the road in front of the Heungung-gu Office located in the Heung-si Gung-si, Gung-si, Gung-si, to the front road of the erogate, which is located in the same Dong-gu, Gung-si, Gung-si.

2. The Defendant violated the Resident Registration Act on the same date and time, at the same place, made a statement as if he was the Defendant’s resident registration number, and exercised D’s resident registration number unlawfully by making a statement of the person who was requested to produce an identification card by a police officer C belonging to the Bupyeong-dong Police Station, who was outside the port, as if he were the Defendant’

3. The Defendant, at around 22:46 on the same day and at the same place, discovered by drinking and driving without a license at the same place, had the intent to keep the Defendant from criminal punishment.

The Defendant entered “D” in the driver’s name column of the report on the Jeju driver’s situation, which was presented by the police officer C, and signed D on the name next to the name, and then delivered it to the police officer.

Accordingly, the defendant forged the D's signature and exercised it for the purpose of exercising it.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A report on the actual status of each drinking driver;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on the investigation report (not more than 29 pages of investigation records);

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 37 subparagraph 10 of the Resident Registration Act, Article 239 (1) of the Criminal Act, Article 239 (2) and Article 239 (1) of the Criminal Act concerning the crime;

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

1. Selection of imprisonment with prison labor for a violation of the Road Traffic Act and the Resident Registration Act;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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