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(영문) 서울남부지방법원 2016.04.14 2016고단366
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 14, 2015, the Defendant driven B-type cargo under the influence of alcohol content of 0.126% in blood without a vehicle driver’s license in the section of approximately 300 meters from the same day from the roads adjacent to the grackdong market located in Gangseo-gu Seoul Metropolitan Government Gambro 35, Gambro-ro around 00:06, the same day from the roads adjacent to the grackdong market in Gangseo-gu Seoul Metropolitan Government, to the roads prior to 245, the same day.

2. On September 14, 2015, the Defendant: (a) around 00:16, and around 245, the Gangseo-gu Seoul Metropolitan Government, the Defendant, as described in paragraph (1) of the said Article, controlled the driving of drinking on the roads of Gangseo-gu, Gangseo-gu, Seoul, to enter the Defendant’s signature in the statement report on the circumstances of the drivers of drinking and the written confirmation of

Accordingly, the Defendant forged another person’s signature for the purpose of exercising the right.

3. The Defendant, at the time and place specified in paragraph (2) above, issued a false statement report on the circumstances of the driver at the police station in Gangseo-gu Seoul Police Station and a written confirmation on the drinking control to D, who was aware of the forgery, as described in paragraph (2).

Accordingly, the defendant exercised his signature of a forged person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to the motor vehicle driver's report on the circumstances, confirmation of drinking control, and the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 (the point of driving without a license), Article 239 (2) (the point of signing a private signature) and Article 239 (1) (the point of exercising a private signature) of the Criminal Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the commercial concurrent crimes (a punishment provided for the crimes of violation of traffic laws in the holding and between the crimes of violation of traffic laws in the holding and the crimes of violation of traffic laws in the roads, and a punishment provided for the crimes of violation of traffic laws in the holding that punishment is heavier);

1. Selection of a sentence of imprisonment with prison labor (limited to a crime of violating the Traffic Act on the road as stated);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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