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(영문) 인천지방법원 부천지원 2014.09.25 2014고단971
공문서부정행사등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 9, 2014, at around 00:07, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license), the Defendant driven a motor vehicle with an E U.S. vehicle while under the influence of alcohol by about 1km from the Do in front of the home flass in the upstream-dong, Seocheon-si, Seocheon-si, Busan to the front of the home flass in front of the building in Seocheon-si D, Seocheon-si, without a driver’s license, while under the influence of alcohol concentration by 0.139%.

2. The Defendant on the unlawful uttering of official document presented the following facts: (a) on the road in front of the building above the D, Nowon-gu, Seoul Special Metropolitan City; (b) a person who was discovered that drinking was driven and requested to produce a driver’s license from the slope F Driver belonging to the Busan Special Metropolitan City Police Station; and (c) a person who was kept in the vehicle, presented the first class ordinary driver’s license under the name of the director of the Incheon Special Metropolitan City Police Agency, the official document kept in the vehicle as the Defendant

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Driver's license;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article 230 of the Criminal Act, Article 148-2 (2) 2, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime (Selection of Imprisonment with prison labor);

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

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders are as follows: (a) the Defendant is sentenced to a suspended sentence of two years on June 21, 2012 due to a violation of the Road Traffic Act on the grounds that the same criminal records are eight times; (b) while committing the same kind of crime during the period of suspended sentence, the Defendant’s illegal uttering of official documents to conceal his status is subject to strict punishment.

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