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(영문) 수원지방법원 평택지원 2013.03.21 2013고단5
공문서부정행사등
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 23:50 on October 15, 2012, the Defendant driven a B-pon vehicle without a driver’s license, under the influence of alcohol concentration of 0.063% from the 1960km to the point at which 328km Seoul direction in the middle-west Highway was 25km at around 23:50 on the 15th of October 2012.

2. At a point of 328 km in the Seoul direction for the Mancheon-si Highway located in the Mancheon-si, the Defendant held the official document by presenting the Defendant’s first-class ordinary driver’s license under the name of the Commissioner of the Gyeongcheon Police Agency, who was in possession of the Defendant, as the Defendant’s driver’s license, at a point of 328 km in the Seoul direction for the Mancheon-si Highway.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Police seizure records;

1. Statement on the status of a drinking driver, report on the status of a drinking driver, report on the status of a drinking driver, and report on the status of a drinking driver;

1. The driver's license ledger;

1. Application of the Acts and subordinate statutes of the hostile inquiry;

1. Relevant provisions of Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 230 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on the crimes of violation of each Road Traffic Act and the crimes of violation of the Road Traffic Act of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for unlawful uttering of official documents heavier than that of punishment);

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

1. The crime of this case on the grounds of sentencing of Article 62-2 of the Criminal Act on community service and order to attend lectures is committed, and when the defendant maintains his driving under the influence of alcohol and without obtaining a license, a public document is presented to the police.

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