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(영문) 광주지방법원 2017.06.22 2017고단1008
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 16, 2011, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court on August 21, 201, a fine of KRW 3.5 million for the same crime in the same court on August 21, 2013, and a fine of KRW 5 million for the same crime in the same court on June 13, 2016, respectively.

1. On March 8, 2017, the Defendant: (a) in violation of the Road Traffic Act (d) and violation of the Road Traffic Act (d) around 23:14, the Defendant: (b) driven a car without a driver’s license while under the influence of alcohol of about 0.121% in a section of about 700 meters, from the two roads near Gwangju Northern-dong Two Cancer-dong, Gwangju, to the front road in front of the apartment house in the direction of the Pungdong-dong, Chungcheongnam-gu, Gwangju; and (b) driven a car without a driver’s license.

2. Around March 23:14, 2017, the Defendant was subject to the crackdown on drinking on the front side of the Gongbuk-gu Seoul Northern-dong apartment site, and on the front side of the Gongdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu,

The Defendant was required by F to prepare the “driver’s statement report” column of the State driver’s circumstantial statement report from F, and entered the name of G in the “driver’s” column of the said document, forged G’s signature without authority for the purpose of exercising the right, and issued the written statement report on the State driver’s circumstantial statement, which was forged on that job, to F and exercised it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. A report on the detection of a primary driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning criminal facts, Article 239(1) of the Criminal Act, Article 239(2) and Article 239(1) of the Criminal Act concerning the act of crime (a point of drinking), Article 44 subparag. 1, Article 152 subparag. 1, and Article 43 of the Road Traffic Act (a point of exercising the aforementioned signature);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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