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(영문) 부산지방법원 2013.06.19 2013고단1203
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

1. On January 21, 2013, the Defendant, without a driver’s license, driven approximately 200 meters from the day before, Seo-gu, Seo-gu, Busan Metropolitan City “ Qel” road where the Defendant driven approximately 0.096% of the blood alcohol content without a driver’s license.

2. At the time and time indicated in paragraph 1, the Defendant was discovered in front of the restaurant, and was asked to produce C driver’s license from a slope belonging to the Busan Western Police Station, while driving under drinking on the road in front of the restaurant.

Accordingly, the defendant, who is a public document in possession, presented the first class ordinary driver's license to D, a defendant's seated in the name of the Busan Regional Police Agency, which is an official document, and illegally displayed the official document as if the defendant was a driver's license for the defendant.

3.(a)

When the Defendant controlled D's driver's license at the time and place mentioned in paragraph (2), the Defendant presented D's driver's license to the police officer C, and had the police officer enter "D" in the driver's confirmation column, and then forged D's license as if the Defendant was D.

B. The Defendant used a forged D signature by having a forged signature signed by a investigative agency available for perusal at the time, time, and place indicated in the said paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the driver's license (D);

1. Making inquiries into the results of the control of drinking driving and control (D name);

1. Making a report on the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 230 of the Criminal Act, Article 239 (1) of the Criminal Act, Article 239 (2) and (1) of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;

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