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(영문) 춘천지방법원 강릉지원 2015.01.06 2014고단252
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On May 31, 2009, the Defendant, without obtaining a motorcycle driver’s license, driven a motor bicycle (the model name: 50cc U.S. M&M) owned by the Defendant after the Defendant, with a section of about 200 meters from the street on the front side of the “slowju club,” located in the Gangseo-si Port while under the influence of 0.160% of alcohol in the blood alcohol level, from the street side to the front side of the “chill.” located in the Gangseo-si Port.

2. The Defendant was required to take a alcohol test from D police officers belonging to the Gangnam Police Station C district unit of the Gangnam Police Station called out after receiving a report at the above time and place.

As above, the Defendant was punished for an act of drinking without a license, and the Defendant signed the E, a defendant's seat in the driver's column of the report on detection of drinking drivers and the circumstantial statement of drinking drivers, and submitted it to D police officers.

Accordingly, for the purpose of exercising authority, the defendant forged and exercised the driver's confirmation column in E, a private document related to the certification of facts, and the driver's confirmation column of the Main Drivers' Statements.

Summary of Evidence

1. The police statement concerning F;

1. The circumstantial statement of the driver, the entry report of the driver, the confirmation document, and the arrest of the flagrant offender;

1. Notification of identification results;

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

1. Article 150 subparagraph 1 of Article 150 and Article 44(1) of the former Road Traffic Act (amended by Act No. 9580 of Apr. 1, 2009; hereinafter the same shall apply), Article 154 subparagraph 2 and Article 43 of the former Road Traffic Act (amended by Act No. 9580 of Apr. 1, 200), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the crime

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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