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(영문) 창원지방법원 2014.07.08 2014고단940
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

The Defendant, at the Changwon District Court on August 21, 2009, sentenced four months to imprisonment for a violation of the Road Traffic Act (driving). On January 27, 2012, the court sentenced four months to imprisonment for the same crime in the same court, and completed the execution of the sentence on May 28, 2012.

1. Around 23:50 on March 12, 2014, the Defendant driven a Cro-made car under the influence of alcohol content of about 0.115% at a section of about 500 meters prior to ELD Hospital located in the same Dong-dong and Dong-dong at the frequency parking lot located in the window of Changwon-si, Changwon-si.

2. Around 01:12 on March 13, 2014, the Defendant, at the Changbu Police Station’s office in the Changbu Police Station, which is located in the window of Changwon-si, Changwon-si, the Defendant forged the E’s signature by stating the name of E in his/her pro-friendly report, the report on detection of his/her driver, the report on the circumstances of his/her driving, and his/her voluntary behavior without authority for the purpose of exercising his/her right after having issued the Defendant’s name and resident registration number to D, who is in charge of the alcohol measurement, and issued D, who is aware of the fact, the E’s private signature was forged, the report on detection of his/her reciting driver, the report on the circumstances of his/her reciting driver, and the report on voluntary behavior.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of each host driver (E and A), a circumstantial statement of the driver, and a written consent to voluntary behavior;

1. A traffic accident report and a actual survey report;

1. Previous convictions: Application of inquiry reports on criminal records, etc., reports on results of confirmation of the previous disposition, summary orders and copies of judgments, investigation reports (verification reports on the date of release of suspects) and Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the main driving and the choice of imprisonment), Article 239 (1) of the Criminal Act (the point of private signature) and Article 239 (2) of the Criminal Act for the crime;

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