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(영문) 광주지방법원 2013.06.19 2013고단1674
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

Defendant,

1. On April 2, 2013, around 22:20, while under the influence of alcohol by 0.125% without a driver’s license, Bsch Rexroth car was driven without a driver’s license and proceeded around about 200 meters in front of the 5.18 Memorial Village, Seo-gu, Gwangju, at the front of the cafeteria, at the 5.18 Memorial cultural center.

2.(a)

On April 2, 2013, around 22:48, the name of the defendant was "D" and resident registration number was "E" to the police officer C, and the above police officer signed "F" in the column for confirmation of the driver of the police station based on D's personal information, and forged the letter of confirmation of the driver of the police station and the column for confirmation of the driver of the report on the situation of the driver's oral statement for the purpose of exercising the signature "D" in the column for confirmation of the driver's report on the actual condition of the driver's statement.

B. At the time, at the place specified in paragraph 2, the operator confirmation column was submitted to C who is aware of the forgery and the driver confirmation column of the above driver’s circumstantial statement report was used.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (16 pages of investigation records);

1. Statement on the circumstantial statement of a host driver (20 pages of investigation records);

1. Registers of driver's licenses;

1. Each entry into the records of the control of drunk driving (10 pages of investigation records), the statement of the situation of a drunk driver (9 pages of investigation records), and the application of existing Acts and subordinate statutes;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 231 of the Criminal Act, Article 234 and Article 231 of the Criminal Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The criminal defendant under Article 62 (1) of the Criminal Act has no criminal records of suspended execution or more for the same crime, and this shall apply;

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