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(영문) 제주지방법원 2018.01.12 2017고단2139
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. On July 13, 2017, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license) driving a vehicle without obtaining a driver’s license under the influence of alcohol level of 0.196% among blood transfusion around 03:09. On July 13, 2017, the Defendant was driving a ecop vehicle from the 4km section to the front of the D gas station in Jeju-si.

2. On July 13, 2017, around 03:09, the Defendant: (a) instructed G who controlled the Defendant’s personal information, as if the Defendant was the Defendant’s punishment, by the act described in paragraph (1) prior to the Jeju District Station D’s gas station located in the Jeju District; and (b) explained that G who asked questions about the Defendant’s personal information, was the Defendant’s punishment.

In addition, the Defendant signed the PEF short term as “H” at the end of the PEF presented by G and forged the electronic signature in the name of S, a master, and presented it to G who did not know the fact.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of a driver who is placed in driving, and inquiring about the results of regulating drinking;

1. The driver's license ledger;

1. Application of the respective laws and regulations to I, J, and K

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act on the Traffic of Roads (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 239 (1) of the Criminal Act (the point of signing a private signature), Article 239 (2) and Article 239 (1) of the Criminal Act (the point of exercising the said signature) concerning the crime;

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

1. Selection of sentence of imprisonment with prison labor for a crime of violating the traffic laws on the selective road;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order and order to attend a lecture, shall be determined as the same sentence as the order, considering the following circumstances:

The favorable circumstances: The recognition of and reflects the crime, and the forgery and use of the official signature to the control police officer immediately at the scene of the crime.

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