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(영문) 수원지방법원 2016.11.10 2016고단5110
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 3, 2013, the Defendant received a summary order of a fine of four million won for a crime of violation of the Road Traffic Act at the Suwon District Court on July 3, 2013, and issued a summary order of four million won for the same crime at the same court on June 21, 2015.

1. Around 08:58 on August 12, 2016, the Defendant driven a E-math truck under the influence of alcohol concentration of 0.068% without a driver’s license, from a 2km section from the 08:58 on the 12nd day of the Sinsan City to the Do Medical Care Center located in Sinsan City, E-T truck under the influence of alcohol concentration of 0.068%.

2. At the time stated in Paragraph 1, the Defendant forged private documents, when he discovered a slope G test from the Hasungdong Police Station F, working for drinking control while driving the Dental Police Station F, which was driven on the road in front of the Dental Medical Center in Osan City, and prepares the Defendant’s pro-friendly H resident registration number in the above G, and puts the Defendant’s seal on the column of the report on the state of driving under the influence of alcohol, after signing the Defendant’s pro-friendly H resident registration number in the above G, and puts the Defendant’s seal on the column of the report on the state of driving under the influence of alcohol.

Accordingly, the defendant, for the purpose of exercising a certificate of fact, forged the driver's confirmation column, such as the report on the status of the primary driving and the report on detection of the primary driving.

3. The Defendant’s uttering of the above investigation document submitted to the above G with knowledge of the forgery, a false statement of the state of driving at home, and a report on detection of the state driver, thereby exercising it.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Relevant laws concerning criminal facts, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (a point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 152 of the Road Traffic Act;

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