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(영문) 서울북부지방법원 2018.07.05 2018고단1954
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 11, 2018, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (doning without a license) driving a vehicle in the direction of 0.118% under the influence of alcohol during blood without obtaining a driver’s license on May 22:48, 2018, the Defendant driven a vehicle with B low-priced car in the direction of 0.118% under the influence of alcohol during blood, from the place on which Gyeonggi Pyeong-gun is not located at the seat of Gyeonggi-gun, Gyeonggi-gu, Seoul to the 40km

2. When the Defendant was found to have driven alcohol as above at the date, time, and place indicated in paragraph 1, the Defendant had expressed his mind to use his signature by stealing the personal information of the birther C.

Accordingly, the Defendant, while driving as if the Defendant was a birth C, stated “C” in the sexual name column of “A”, and signed next to the Defendant, signed the “C” on the “Notice of the Results of Drinking Driving Control,” and signed on the “Notice of the Results of Drinking Driving Control,” and submitted it to the process of the signature, and exercised it respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on driving drinking using the name of his/her birth;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the circumstances of the driver at home;

1. Report on the circumstances of driving under the liquor:

1. Investigation report (to be accompanied by a re-preparation such as a report on the situation of the main driver);

1. Application of Acts and subordinate statutes to investigation reports (report on attachment to the ledger of driver's license to a suspect);

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 driving a private license), Article 239 (2) and Article 239 (2) of the Criminal Act (the point of exercising the aforementioned signature) concerning criminal facts;

1. Election of imprisonment for a crime under Article 40 or 50 of the Criminal Act, the election of a regular competition, or the election of a punishment, or a crime under any provision of Article 40 or 50 of the Criminal Act (a crime under any provision of the Road Traffic Act due to a drinking or a non-licenseed driving), the punishment for a crime under any provision of the Road Traffic Act, which is heavier

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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