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(영문) 부산지방법원 2016.05.12 2016고단886
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. On November 15, 2015, the Defendant was under the influence of 00:162% of alcohol in blood without obtaining a driver’s license for a vehicle on the road traffic law (drinking driving) and the violation of the Road Traffic Act (drinking driving) from a section of approximately 200 meters from the point of view of approximately 200 meters to the point of south-west-dong gravel, Busan to the point of view of the mutual influent frequency in front of the middle-gu gravel, Busan to the point of the south-west fishing in the same Dong without obtaining a driver’s license.

2. The Defendant’s unlawful uttering of official document presented his official document indicating that he was the Defendant’s driver’s license, which was issued by the head of the Ulsan-do National Police Agency, the U.S. National Police Agency of Ulsan-do, which was in possession of a person who was under the duty to present a driver’s license, on the road of the Southern-do Fishing at the end of the above day, by driving under drinking from the Busan-do Police Station Traffic Safety Department.

3. The Defendant: (a) carried out as if the Defendant was D, at the above date, time, and place; (b) stated the State driver’s circumstantial statement report issued by a slope C in the scambial statement; and (c) signed the report on the state driver’s circumstantial statement and forged the report on the state driver’s circumstantial statement in the name of D, which is a private document to prove the fact.

4. The Defendant, at the above time and place, submitted to a slope C a report on the circumstances of the driver who was forged at the same time and at the above place, which was aware of the fact.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver involved in driving and notification of the results of regulating drinking driving (A);

1. Each investigation report (record 22 pages, 40, 84 pages);

1. Application of Acts and subordinate statutes to the Motor Vehicle Driver's License Register (A);

1. On February 1, 148-2, Article 148-2, Article 44(2)2, Article 44(1) of the Road Traffic Act, Article 152 Subparag. 1, Article 43 of the Road Traffic Act (a person driving without a license), Article 230 of the Criminal Act (a person who makes an illegal use of official document), Article 231 of the Criminal Act (a person who makes an illegal use of private document) and Articles 234 and 231 of the Criminal Act (a person who exercises the above investigation document) concerning criminal facts.

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