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(영문) 서울동부지방법원 2014.04.03 2014고단50
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 16, 2013, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) without obtaining a driver’s license on November 16, 2013, while under the influence of alcohol with a blood alcohol concentration of 0.134%, and driving the Seoul Songpa-gu Seoul 185-2-on-road 50 meters of a bschton car.

2. The Defendant’s unlawful uttering of official document presented D’s driver’s license under the name of the Director of the Incheon Police Agency, which is an official document in possession, and presented D’s driver’s license under the name of the Defendant as if he was the Defendant’s driver’s license.

3. The Defendant: (a) drafted a report on the circumstantial statement of a driver by drinking driving, etc. at the above time, at the above place; and (b) drafted a report on the circumstantial statement of the driver; (c) stated D name and resident registration number in the name and resident registration number column of the dispatching Police Station; (d) stated D in the driver confirmation column; and (d) forged the report on the circumstantial statement of the driver under the name of D, which is a private document concerning the certificate of certification; and (d) delivered it to the traffic safety assistant C, which is unaware of the fact that it was duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of each drinking driver, report on detection of a drinking driver, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (attached to a summary order of the same attached power);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, Article 43, Article 230, Article 231, and Article 234 of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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