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(영문) 서울중앙지방법원 2014.07.25 2014고단3100
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On May 6, 2014, the Defendant was under the influence of alcohol at 0.098% of blood alcohol level without a driver’s license at around 01:25 on May 6, 2014, the Defendant driven a Category B motorcycle of approximately 800 meters from the front of 502-10, Gangnam-gu, Seoul to the front of 563-4, the same road.

2. On May 6, 2014, at around 01:30, the Defendant: (a) 563-44, Gangnam-gu Seoul, Gangnam-gu, Seoul, 563-gu, put in place a control over drinking and driving without a license on the road; (b) took place with the Defendant-friendly C as if he was the Defendant-friendly C; (c) continued to provide C’s resident registration number; and (d) made the said C’s signature on the end of the said report, stating that the Defendant was a private person, and forged the said C’s signature at the same time and at the same time, submitted it to the police officer that he was aware of the fact.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A traffic accident report;

1. A report on the actual state of the driver;

1. Each photograph;

1. Registers of driver's licenses;

1. Application of the Act and subordinate statutes on Report of Investigation (Correction of Suspect Status);

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154, Article 43 of the Road Traffic Act, Article 239 (1) of the Criminal Act, Article 239 (2) and Article 239 (1) of the Criminal Act concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor for a crime of violation of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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