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(영문) 서울동부지방법원 2017.03.30 2017고단226
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the defendant shall be sentenced to the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 15, 2016, the Defendant driven an EMW 520D car while under the influence of alcohol concentration of approximately 0.061% from the 200 meters away from the 200-meter section to the front road of Gangdong-gu Seoul, Gangdong-gu, without obtaining a driver’s license for a motor vehicle around 21:38 on December 15, 2016.

2. The Defendant, at the time and place specified in paragraph 1, was required to submit a driver’s license from G in the circumstances where the police station F District of the Gangseo-dong Police Station was dispatched upon receipt of a vehicle contact accident report, and the Defendant exercised the official document unlawfully by presenting the driver’s license under the name of the head of the Seoul Regional Police Agency, which is an official document in his possession, as if he was the driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of H;

1. A traffic accident investigation report, an investigation report on the actual condition of traffic accidents, an investigation report on the regulations, a result of measuring drinking, a report on the detection of a driver engaged in driving, and a report on the circumstances of

1. A protocol of seizure and a list of seizure;

1. Inquiries into the license ledger (A);

1. Application of Acts and subordinate statutes of subparagraph (H) to a copy of a driver's license involved in the unlawful uttering of an official document; and

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the point of driving without a license) and Article 230 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

1. Selection of each sentence of imprisonment;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter, conditions favorable to the reasons for sentencing): The instant crime was committed in spite of the recent history of punishment for drinking driving, and at the time of the instant crime.

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