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(영문) 대전지방법원 2012.12.28 2012고합536
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On December 16, 2008, the Defendant issued, at the Daejeon District Court, a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act, at the same court on April 28, 2009, a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) and on September 10, 209, a summary order of KRW 1.5 million was issued by the same court on September 10, 2009, respectively.

1. On June 22, 2012, the Defendant, while under the influence of alcohol at around 04:10 on a blood alcohol level of 0.079%, driven a Clandknife in the section of about 30 meters from the front day of the Daejeon Seo-gu, Daejeon, without a driver’s license, from around 04:10 on June 22, 2012 to the road front day of the same fluore.

2. On June 22, 2012, the Defendant was under investigation in the Seo-gu Daejeon District District D District on the suspicion of drunking as set forth in paragraph 1, and the Defendant presented the F Driver’s license, who was in possession of a person who was requested to present a driver’s license by an slope E, a police officer in the traffic investigation division, to the said police officer as if he was his driver’s license.

3. The Defendant, at the date, time, time, and place specified in paragraph 2, entered “F” in the name column of the report on detection of a driver who demanded the Defendant to sign and affix a seal, and forged F’s signature on the F’s name, and submitted it to the said police officer as if the signature of F was genuine.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in G (Simplified traffic);

1. The actual condition survey report;

1. Report on detection of each of the F and the accused, and the circumstantial statement of the host driver;

1. Copy of driver's license;

1. Copies of the car driving license register;

1. An accident site photograph;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Relevant provisions concerning facts constituting a crime;

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