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(영문) 광주지방법원 2019.01.24 2018고단4926
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 November 21, 2018, the Defendant driven a 1km DK5 vehicle from the Do near the Standing Zone in the Seo-gu, Seo-gu, Gwangju to the road located in Gwangju, Seo-gu, Gwangju, while under the influence of 0.138% of blood alcohol level without a driver’s license on November 21, 2018.

2. The accused illegally uses resident registration numbers and forgeing private signature at the above temporary location, refers to E resident registration numbers for police officials belonging to the Gwangju Northern Police Station, who controlled drinking, and voluntarily signed E in the vehicle column for the driver of the drinking control center and the vehicle column for the driver of the report on the statement in the situation of drinking driving, which is marked in the mobile information terminal (PDA);

In this way, the defendant used another person's resident registration number unlawfully, and forged another person's signature without authority for the purpose of exercising it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. To check the results of the drinking driving control (Evidence No. 3);

1. The circumstantial statement of the employee;

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

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 37 subparagraph 10 of the Resident Registration Act, and Article 239 (1) of the Criminal Act concerning the facts constituting an offense (a private signature)

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act).

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Provided, That the short-term punishment prescribed for the violation of the Road Traffic Act shall be the lowest limit);

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

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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