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(영문) 인천지방법원 부천지원 2015.09.10 2015고단2131
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 26, 2014, the Defendant was sentenced to a summary order of KRW 1 million for a fine of KRW 2 million for a violation of the Road Traffic Act at the Incheon District Court’s Busan District Court’s Branch on March 26, 2014, and a fine of KRW 2 million for the same crime at the same court on March 18, 2015.

On August 15, 2015, at around 06:31, the Defendant driven a bal-purd vehicle with approximately 100 meters alcohol concentration of 0.170% from the 100-meter section to the mother-si road located in the same Dong-si, Nowon-gu, Seoul Special Metropolitan City.

2. When the Defendant was found to have been aware of drunk driving on the road in front of the mother city, Nowon-gu, Nowon-gu, Seoul Special Metropolitan City, the day-to-day competition set forth in the above paragraph (1), the Defendant entered the name of pro-friendly C in the notice of the results of drinking driving control, the report on the state of driving, the confirmation of arrest of the flagrant offender, and the written statement and stamped it.

Accordingly, for the purpose of exercising, the Defendant forged the above C’s private signature, and submitted the above document to the police officers belonging to the Busan High Police Station who knew of such fact.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Notification of the results of the drinking-driving control (C), and photographs and reports on the detection of drinking drivers after visual closures at the time of driving;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 239 (1) of the Criminal Act, Article 239 (2) and Article 239 (1) of the Criminal Act concerning facts constituting an offense (a point of exercising a false investigation signature);

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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that the defendant is led to the confession of his/her own mistake, and the defendant has no record of criminal punishment heavier than that of the suspended sentence.

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