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(영문) 대전지방법원 2018.01.23 2017고단4303
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

Punishment of the crime

1. On September 8, 2017, the Defendant: (a) violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license); (b) driven a C car while under the influence of alcohol with a maximum of 0.085% alcohol concentration of 0.085% in the blood transfusion without a driver’s license on the front of the front of the passenger vehicle located in Daejeon Daejeon Daejeon-gu, Daejeon-gu, Daejeon-gu, at around 261.3km to the front of the vehicle.

2. When the Defendant, at the date and time, at a place specified in paragraph (1) of this Article, controlled the crime of driving the said vehicle without a license, the Defendant: (a) attempted to be exempted from the punishment by undergoing an investigation under the name of the Defendant D; (b) notified the result of the control of driving under the influence of alcohol; (c) the statement report stating the Defendant’s driving under the influence of alcohol; and (d) forged the aforementioned D’s signature in the regulating column of the transport request to the effect that the Defendant requested the transfer of the vehicle to the Defendant and the driver of the vehicle; and (b) notified the results of the control of driving under the influence of alcohol, which is a private document verifying the fact for the purpose of exercising the signature, and forged

3. The Defendant, at the time and place specified in paragraph 1, submitted a notice of the results of the crackdown on drinking alcohol driving, a statement on the circumstances of the driver at the State, and a request for transfer to the police officer of the Daejeon East Police Station E-K of the Daejeon East Police Station, which he/she may know of the circumstances.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry in the notification of the result of regulating the driving of a motor vehicle and entry in the driver's license register;

1. Entry of a statement in the circumstances of the driver at home;

1. Application of Acts and subordinate statutes to entries in a written request for transfer;

1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 231 of the Criminal Act (the point of driving private documents) and Articles 234 and 231 of the Criminal Act concerning the facts constituting an offense;

1. The crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Crime of Violation of Road Traffic Act).

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