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(영문) 청주지방법원 영동지원 2014.04.17 2012고단200
사문서위조등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On January 28, 2013, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the Youngju District Court’s Yeongdeungpo-dong branch. On March 27, 2013, the Defendant was issued a summary order of KRW 3 million for the same crime in the same court.

【Criminal Facts】

On August 4, 2013, at around 23:13, the Defendant driven a F Poter under the influence of alcohol concentration of 0.060% without a vehicle driver’s license at a section of approximately 800 meters from the front of the Chungcheongnam-dong, Chungcheongnam-gun, the Chungcheongnam-do, to the front of the port of Masan Tri Station.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver;

1. The circumstantial statement;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of criminal records and summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on the crimes of drinking alcohol which are heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation and community service order and order to attend a lecture, is not good in light of the fact that the Defendant, despite the previous existence of the same criminal records, once again drive without a license in drinking condition, is not enough. However, it is decided as ordered under the condition that the Defendant faithfully implement the community service order and order to attend a lecture, taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, background, means and consequence of the crime, and other circumstances of sentencing, including the Defendant’s age, character and conduct, circumstances, means and consequence

The acquittal portion

1. Facts charged;

A. Around January 25, 2007, the Defendant forged private documents, on the one hand, borrowed at his own house located in Chungcheongnam-dong, Chungcheongnam-do, Chungcheongnam-do, in a column for the content of the instrument of borrowing, and issued this instrument.

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