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(영문) 서울서부지방법원 2016.07.05 2016고단1013
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 3, 2016, the Defendant was driving a DNA car with a alcohol concentration of about 0.21% while under the influence of alcohol without obtaining a driver’s license from a section of about 2km from the front of a restaurant of "Nai" located in Yongsan-gu Seoul, Yongsan-gu, Seoul to the front of the Seoul Jung-gu, Seoul, a level of about 2km from the road of "Nai House" located in the 245-ro, Yongsan-gu, Seoul, to the front of the Seoul Jung-gu.

2. On March 3, 2016, the Defendant violated the Resident Registration Act: (a) while driving drinking alcohol on the front road of Jung-gu Seoul, Jung-gu, Seoul, as prescribed in paragraph (1) on the front road; (b) controlled the Chief F of the Police Station at the Seoul Yongsan Police Station and the Police Station at his/her police box to check his/her identity; and (c) notified him/her of the completion of his/her resident registration number as if he/she was his/her resident registration number and used another person’s resident registration number unlawfully.

3. The Defendant signed a letter of confirmation, “a written confirmation of the suspect’s body confirmation,” “a state driver’s circumstantial statement,” and “a written consent to blood collection,” respectively, entered the name of G in the color pen in order to conceal his/her personal information at the same time and at the same place as paragraph (2).

Accordingly, the Defendant forged the signature of each other for the purpose of exercising the right.

4. The Defendant, at the time and place specified in paragraph 3, submitted the forged signature to F, as described in paragraph 3, and subsequently exercised it respectively, to F, who was aware of the forgery.

Summary of Evidence

1. Statement by the defendant in court;

1. A written confirmation (G) and a written confirmation of a suspect detained;

1. Statement on the circumstances of the driver involved, report on the detection of the driver involved, and response to requests for appraisal; and

1. Application of Acts and subordinate statutes to output the vehicle driver's license ledger;

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense (unlicensed driving) of the relevant Act, Articles 148-2 Subparag. 1 and 44 Subparag. 1 of the same Act (the point of drinking), Article 152 Subparag. 1 and 43 of the same Act;

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