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(영문) 대구지방법원 서부지원 2014.06.23 2014고단571
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

[criminal power] On October 8, 2007, the Defendant was issued a summary order of KRW 700,000 as a charge of violating the Road Traffic Act (driving) at the Daegu District Court Kimcheon-do branch on the charges of violating the Road Traffic Act. On March 30, 2010, the Defendant was sentenced to a fine of KRW 5 million as a crime of violating the Road Traffic Act (driving) at the Daegu District Court on March 30, 201.

【Criminal Facts】

1. On January 28, 2014, the Defendant was driving a B-hand car without obtaining a driver’s license, under the influence of alcohol content of 0.119% from the day front of the cafeteria of the cafeteria “Click Complex” located in the Daegu-gu Seosan-dong, Daegu-gu, and without obtaining a driver’s license, from the day front of the cafeteria Click-gu, Daegu-gu, Daegu-gu, the Defendant was driving a B-hand car without obtaining a driver’s license.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

2. On January 28, 2014, at around 22:25, the Defendant entered the Defendant’s signature in the driver’s column in the report on detection of drinking drivers and the circumstantial statement of drinking drivers, on the ground that the Defendant was discovered in the front road of the paton in the Daegu-gu Ho-dong, Seogu, Daegu-gu, on the road for drinking drivers, and that such information would be known to the company.

Accordingly, the Defendant forged another person’s signature for the purpose of exercising the right.

3. The Defendant, at the time and place specified in paragraph (2), submitted to the police officer in charge a written report on detection of a host driver and a written circumstantial statement of a host driver stating forged C’s signature, as stated in paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. A copy of an entry report filed by the host driver;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as inquiry reports and investigation reports (Attachment to judgment, etc.);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of without a license).

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