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(영문) 창원지방법원 마산지원 2017.12.22 2017고단981
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On August 30, 2017, the Defendant: (a) driven a DNA cruise car under the influence of alcohol concentration of about 0.074% from the 3km section from the 3km to the Cmat front road located in the Cheongju Hospital located in the middle of the Eup in the Changwon-si, Changwon-si, and the convenience store in the city of GS25 to the convenience store located in the middle of the Eup; and (b) the Defendant driven a DNA cruise car under the influence of alcohol concentration of about 0.074%.

2. The Defendant forged the signature of the company and signed the above investigation at the time of the day specified in the above paragraph (1) to request F to sign a statement report on the circumstances of the driver's license on the road in front of the Masan-si, Changwon-si, Busan-si, Police Station E-gu, Masan-dong, Police Station E-gu, Masan-dong, Police Station of the Control Police Station, for the purpose of exercising authority, signed the above document in the column of the driver of the document in the name of the Defendant-friendly "G" and forged the signature, and as such, submitted to the above police officer the statement report on the driver's license stating the forged signature to the above police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of control police officers;

1. Application of Acts and subordinate statutes to inquire about the circumstantial statement report of a driver who is placed in driving, a certified transcript, and the results of crackdown on drinking;

1. Article 148-2 subparag. 3, Article 44 subparag. 1 of the Traffic Act (the point of drinking alcohol and the choice of imprisonment), Article 239(1) of the Criminal Act (the point of signing a private signature) concerning criminal facts, Articles 239(2) and 239(1) of the Criminal Act (the point of exercising a private signature) concerning the relevant criminal facts;

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. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the defendant was subject to regulation by driving under drinking, thereby forging and exercising his/her signature, and the nature of the crime is poor.

However, since 198, there is no record of the crime that exceeds drinking or fine for the defendant, and the records of this case, such as the defendant's age, environment, sex behavior, motive, means, and circumstances after the crime, etc., are as follows.

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