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(영문) 인천지방법원 2016.10.06 2016고단4076
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 April 21, 2016, the Defendant, while under the influence of alcohol at a 0.093% of blood alcohol concentration, was driving a DNA-based car owned by C in the influence of alcohol around April 16:15, 2016 and proceeded with approximately 1 km from the road front of the Kimpo-ri 14-1 in the middle of the Jeju Jeju-si, Jeju-si, Jeju-si, to the road front of the F cafeteria located in the Incheon-si E-Eup.

2. The Defendant violated the Resident Registration Act, at the front of the above F cafeteria, presented the resident registration number of his pro-friendly C, who was requested to present a driver’s license by the police officer of the Incheon Reinforcement Police Station G police station, after receiving a 112 report at the front of the above F cafeteria, and the Defendant unlawfully used another person’s resident registration number as if the Defendant was C.

3. On April 21, 2016, the Defendant forged C’s signature by using the name of “C” in the driver’s name column of the report on the state of de facto operation and statement of de facto operation for the purpose of exercising as if the Defendant was a pro-friendly C at the Incheon Inten Police Station G police box located in the jurisdiction of Incheon City, Incheon.

4. The Defendant, at the same time and place as Paragraph 3, exercised the above-mentioned signature by forging the report on the statement on the state of the operation of a motor vehicle, signed as above, to the above I without knowledge of the fact.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle and a report on detection of the motor vehicle driver;

1. Notification of the control of drinking driving;

1. Each report and investigation;

1. Application of Acts and subordinate statutes, such as documents concerning forgery of signatures;

1. Relevant Article 239 (1) of the Criminal Act, Article 239 (2) and (1) of the Criminal Act, Article 239 (1) of the Criminal Act, Article 37 subparagraph 10 of the Resident Registration Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the choice of punishment for a crime, the choice of imprisonment, and the choice of imprisonment;

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

1. Suspension of execution of sentence Article 62(1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing) 1.

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