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(영문) 의정부지방법원 고양지원 2016.02.18 2015고단3071
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On October 27, 2015, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) driving a motor vehicle, without a driver’s license, while under the influence of alcohol 0.095% in alcohol while driving a motor vehicle between the third distance from the main wall of Gyeyang-gu, Seoyang-gu, Seoyang-gu to the front side of the same ammunition.

2. The Defendant’s unlawful uttering of official document was demanded to present a driver’s license to the police captain C, who was on duty of traffic safety at the Goyangyang Police Station, while driving as stated in the preceding paragraph at the time and place specified in the preceding paragraph.

The defendant presented D's driver's license under the name of Seoul National Police Agency, which is an official document in possession, as if the defendant was the driver's license of the defendant.

Accordingly, the defendant did not use official documents.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Seizure records;

1. Report on the circumstances of driving at home and application of Acts and subordinate statutes to the driver’s license ledger;

1. Article 148-2 (2) 3, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, Article 43 of the same Act (the point of driving without a license) and Article 230 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (limited to the crimes of violation of traffic laws on roads and the crimes of violation of traffic laws on roads;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend Courses;

1. The scope of punishment by law: Imprisonment with prison labor for not more than three years;

2. Application of the sentencing criteria;

(a) Illegal uttering of official documents (determination of type), such as official documents, illegal uttering of official documents, etc., and no such unlawful uttering (special sentencing person) (the scope of recommendation sentence), basic area of punishment, imprisonment with labor for April and October;

(b) Decision on a sentence to be recommended for the standards for handling multiple crimes: the sentencing criteria are.

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