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(영문) 부산지방법원 2016.05.31 2016고단946
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 November 30, 2006, the Defendant was sentenced to a suspended sentence of four months by imprisonment for a crime of violating the Road Traffic Act (driving) at the Busan District Court on November 30, 2006. On May 28, 2014, the Defendant was issued a summary order of a fine of four million won by the same court.

On November 30, 2015, the Defendant, without obtaining a driver’s license of a motor vehicle on November 30, 2015, started from the area near the Southern Park in Seo-gu, Busan, which is under the influence of alcohol content of 0.057% during blood, and driven Cma business motor vehicle at a section of about 2 km up to the front of the solar forest located in the same Dong.

2. When the Defendant violated the Act on the Registration of Residents, such as the date and time stated in Paragraph 1, at the place, and at the same time and time as set forth in Paragraph 1, the Defendant committed a violation of the Act on the Registration of Residents, the Defendant, without authority, sent the Defendant’s resident registration number (E) to F, the police officer controlling the Defendant’s pro-Japanese’s resident registration number (E) to F, who was the police officer, for the purpose of exercising his/her authority, followed F’s signature in the driver’s signature column of the statement report on the driver’s statement at the end of the police PDA and the driver’s signature in the driver’s signature column, thereby forging the signature of D, and issued it so that F, the control police officer

Accordingly, the defendant forged the D's signature, exercised it, and unlawfully used D's resident registration number.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. The driver's license ledger;

1. He/she shall make a report on the circumstances of the driver involved in driving and inquire about the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Evidence No. 17 No.);

1. Articles 148-2(1)1 and 44(1) of the Road Traffic Act for criminal facts of this Act, Article 152 Subparag. 1 and 43 of the Road Traffic Act (unlicensed driving), Article 239(1) of each Criminal Act (the point of private signature) (the point of private signature) and Article 239(2) of each Criminal Act.

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