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(영문) 수원지방법원 평택지원 2018.08.24 2018고단687
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 December 23, 2017, the Defendant, without a driver’s license, driven a DK5 vehicle from the 3km section to the front road of the “C” located in Pyeongtaek-si, Pyeongtaek-si, Pyeongtaek-do, under the influence of alcohol leveling 0.077% from the blood alcohol level around 22:32 on December 23, 2017 without a driver’s license.

2. The Defendant was asked to submit a driver’s license by drinking control from a slope E belonging to the Pyeongtaek-si Police Station, which was under the influence of alcohol on the road in Pyeongtaek-si, which is located in Pyeongtaek-si B of the above day. The Defendant issued a driver’s license for the Defendant’s friendship F, who was in possession, and presented the Defendant’s driver’s license as if he was the Defendant’s driver’s license.

3. The Defendant, at the same time and place as Paragraph 2, stated that “F” in each sex column of the above report and submitted it to the above E, who is demanded to sign and affix a seal on the statement of the circumstances of the State driver and the notification of the results of the influence on drinking driving, at the same time and place as Paragraph 2.

Accordingly, the Defendant forged the F’s signature with the intention of exercising the right, and exercised it.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

1. A report on internal investigation (a driver's license for an automobile presented by the person under consideration);

1. Report on the circumstances of driving each week;

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

1. A report on the detection of a primary driver;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3, 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 230 of the Criminal Act (the point of uttering of official document), Article 239 (1) of the Criminal Act (the point of uttering of official document), Article 239 (2) and (1) of the respective Criminal Act (the point of uttering of each letter), Article 239 (2) and (1) of the relevant Act on the criminal facts;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.

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