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(영문) 광주지방법원 목포지원 2018.07.13 2018고단391
도로교통법위반(음주운전)등
Text

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

Punishment of the crime

1. On April 14, 2018, the Defendant was driving a BS-type car under the influence of alcohol level of 0.11% during blood alcohol level of 0.11% without obtaining a driver’s license on the section of about 500 meters, from the road near the central market located under the jurisdiction of the Cheongpo-si, Mapo-si around 23:08 to the underground parking lot of about 220 meters under the same city.

2. On April 14, 2018, the Defendant: (a) entered the name “name” column in the statement of the driver’s circumstances in the process of measuring drinking in the vehicle’s vehicle’s vehicle at the second apartment parking lot of 220 roads, which was kept by Cheongpo-si, Cheongpo-si, Cheongpo-si, Cheongpo-si, Cheongpo-si, on April 14, 2018; (b) entered the Defendant into the “D” and signed the “D” next to the Defendant’s signature in the statement of the driver’s circumstances in the process of measuring drinking as a suspicion of driving alcohol, such as Paragraph (1).

Accordingly, for the purpose of exercising authority, the Defendant forged the signature of the D name without authority, and continued to use it by submitting a false statement report on the situation of the driver with a forged name to C.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the detailed statement report on the situation of a driver driving, the ledger of driver's licenses, investigation reports, and the results of regulating drinking driving;

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act on the Traffic of Roads (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 239 (1) of the Criminal Act (the point of signing a private signature), Article 239 (2) and Article 239 (1) of the Criminal Act (the point of exercising the said signature) concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend a lecture, are the crimes of forging a private document in this court on April 21, 2010.

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