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(영문) 인천지방법원 2019.08.21 2019고단3157
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for four 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 March 10, 2019, the Defendant: (a) driven a CF car under the influence of alcohol leveling 0.128% from the 10km section from the 10km section from the 10km section from the 10km section to the 2nd road of the Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu. On March 10, 2019.

2. On March 10, 2019, the Defendant, at around 22:52, in front of the Yeonsu-gu Incheon Metropolitan City B apartment, was engaged in drinking driving on the front of the Incheon Yeonsu-gu B apartment, Incheon Yeonsu Police Station D, etc. on the ground of paragraph (1), and was willing to engage in a pro-friendly F behavior to conceal the fact that he/she was receiving a demand to present his/her identification card due to a fine unpaid.

The Defendant, at the same time and place, informed the police officer of F’s name, resident registration number, etc., signed “F” in the driver’s signature column of the report on the circumstantial statement of the drinking driver, signed by a private person who signed “F” in the driver’s signature column of the notification of the result of drinking driving control, and submitted it to E.

Accordingly, the defendant, for the purpose of exercising authority, has forged F's signature without authority, and has exercised each forged F's signature.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstantial statement of the F driver under the name of the F;

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 239 (1) of the Criminal Act (amended by Act No. 16037, Dec. 24, 201); Article 239 (2) and (1) of the Criminal Act (amended by Act No. 1603, Dec. 24, 201);

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the aggravated punishment for concurrent crimes concerning the report on the circumstantial statement of a driver with the largest punishment and the nature of the crime, but the lowest punishment shall be determined by the lower limit of the punishment determined for the violation of the Road Traffic Act);

1. Article 53 of the Criminal Act for discretionary mitigation.

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