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(영문) 인천지방법원 부천지원 2015.04.01 2015고단366
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 of the final judgment.

Reasons

Punishment of the crime

1. On February 3, 2015, at around 00:29, the Defendant driven a DNA car with a blood alcohol concentration of about 0.148% while under the influence of alcohol without obtaining a driver’s license at a section of about 200 meters from the vicinity of the confection-si upstream of Seocheon-si, Seocheon-si to the road in front of 69, Seocheon-si.

2. The Defendant, at the above date, was discovered as suspected of drunk driving, etc. at the above time, at the above place, and was asked questions about personal information from Busan , 200 U.S. Police Station guard and traffic safety awareness E, and forged F’s signature with a view to exercising the F’s signature by signing the “F” on the driver’s name column of the report on the actual state of driving.

After doing so, the defendant submitted to the above E a report on the actual state of driving under the influence of the driving under the supervision of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each entry in the report on detection of drivers, the circumstantial report on driving, and the register of driver's licenses; and

1. Entry of a statement on the circumstances of driving on the main job, and the application of the existing Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) A point of drinking: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

(b) Point of driving without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

(c) A private signature aid: Article 239 (1) of the Criminal Act.

(d) Points of exercising the above investigation signature: Article 239 (2) and (1) of the Criminal Act.

1. Crimes of violation of Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes ( mutually between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act).

1. A crime of violation of the Road Traffic Act: Imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes resulting from the severe punishment and concurrent crimes resulting from the crime of investigating, signing, or exercising the highest penalty: Provided, That the lowest penalty shall be the same;

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