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(영문) 의정부지방법원 고양지원 2013.12.19 2013고단1865
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 August 30, 2013, at around 21:45, the Defendant, including the violation of the Road Traffic Act, driven a Damm vehicle while under the influence of alcohol with approximately 0.053% of alcohol alcohol level without obtaining a driver’s license on the front side of the Chang Tri-distance Supplementary Road located in the line glass of Seodaemun-gu, Yongsan-gu, Seoul Special Metropolitan City.

2. The Defendant: (a) committed so-called the act of forging private documents and the act of using a falsified document at the time and place specified in paragraph (1); (b) committed so-called “D” and the Defendant was asked to sign and seal a written report from the police officer C belonging to the traffic control division of the Pakistan Police Station to ask for the signature and seal on the driver’s circumstantial report; and (c) committed so-called “D” without authority for the purpose of exercising the authority; and (d) without authority to use the said circumstantial report, the Defendant forged the driver’s confirmation column of the driver’s circumstantial report under the name of D, which is private document related to the certification of facts; and (d) submitted it to the police officer C as genuinely constituted the driver’s circumstantial report containing the forged driver’s confirmation column, which includes the forged driver’s confirmation column.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. The driver's license ledger;

1. Application of the existing Acts and subordinate statutes to the forged column for confirmation of drivers;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, Article 231 of the Criminal Act, Article 234 of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act:

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