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(영문) 인천지방법원 2012.07.13 2011고단6149
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

1. On August 21, 201, at around 21:57, the Defendant violated the Road Traffic Act, the Road Traffic Act (driving without a license) and the Road Traffic Act (hereinafter “Road Traffic Act”), the Defendant was under the influence of alcohol of 0.138% of the blood alcohol concentration without a vehicle driver’s license on August 21, 201, by failing to properly operate the steering gear, while driving a runway in the direction of the course, the Defendant destroyed the said truck by 2.10,00 won of the repair cost.

2. Around 21:57 on September 21, 201, the Defendant: (a) signed the “D” on the driver’s name column of the report on detection of a drunk driver while being investigated as the facts of drunk driving at the traffic survey center office of the Incheon Southern-dong Police Station, Incheon, and signed the “D” in the “D” and, when being examined, signed the “D” on the suspect’s signature in the interrogation protocol.

As a result, the Defendant, without authority, forged the signature “D” without authority for the purpose of exercising the above, and immediately presented the forged signature to the policeman E, a police officer in charge of such forgery, who was aware of such forgery at the same place and exercised it respectively.

Summary of Evidence

1. Second-time protocol concerning the examination of the suspect against the accused;

1. Protocol of the police statement concerning B;

1. A traffic accident actual condition survey report and a report on detection of a driver;

1. Report on detection of a host driver made in the name of D, and report on the examination of police suspects;

1. Written estimate;

1. Application of each statute on photographs;

1. Article 148-2 Subparag. 1, Article 44(1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 2011; Act No. 10790, Dec. 9, 201); Article 152 Subparag. 1, and Article 43 of the Road Traffic Act; Article 151 of the Road Traffic Act (amended by Act No. 1071, Jun. 8, 201);

1. Violation of each Road Traffic Act due to the drinking and driving without a license under Articles 40 and 50 of the Criminal Code of the ordinary concurrent crimes.

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