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(영문) 창원지방법원 2017.07.12 2017고단1523
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Around 02:20 on April 9, 2017, the Defendant, without a driver’s license, driven a B-learning car at a distance of about 2 km to the front of the Military Education Headquarters of the Navy, which is located in the Maritime Police Headquarters of the Maritime Police Headquarters of the Chang Sea Sea in the middle-gu T-gu Telecommunication Port, in the state of alcohol leveling 0.112% of the alcohol level during blood while under the influence of around 02:20 on April 9, 2017.

2. The Defendant forged a private signature and signed the above investigation: (a) around the Naval Education Headquarters of the Maritime Police Headquarters located in the Gyeongdong-dong, which was controlled by drinking driving, etc.; (b) the police station C and the police officer affiliated with the police officer requested the Defendant to sign in his/her own column of the driver’s name disturbance and voluntary accompanying consent; (c) the Defendant committed the act as if he/she was pro-friendly E; and (d) stated the name and signature of E in each of the above documents.

In addition, as above, the defendant stated the state driver's circumstantial statement and the letter of voluntary accompanying consent containing each forged E's signature as if they were duly signed to D who knew of the forgery.

Accordingly, the defendant has forged and exercised E's signature for the purpose of exercising it.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Inquiries about the results of crackdown on drinking driving;

1. A report on the detection of a primary driver;

1. Voluntary consent to accompany;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act on the Traffic of Roads (on the part of a driver's license), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (on the part of a driver's license), Article 239 (1) of the relevant Criminal Act (on the part of a driver's signature), Article 329 (2) and Article 329 (1) of the relevant Criminal Act (on the part of a driver's license), and Article 329 (2) and (1) of the relevant Act on the part of the crime;

1. The punishment provided for in the provisions of Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes and the selective punishment shall be imposed on the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act which are more severe punishment;

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