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(영문) 광주지방법원 2016.11.17 2016고단3834
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. On March 18, 2008, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act at the Gwangju District Court on March 18, 2008, and a fine of KRW 2 million as a crime of violation of the Road Traffic Act at the above court on January 7, 2016.

On June 26, 2016, at around 23:25, the Defendant driven C K5 cars while under the influence of alcohol of about 0.174% of blood alcohol concentration without a vehicle driving license from about 60 meters to the front roads of innovation apartments located in the same tri-dong in the same tri-dong of Gwangju-gu.

2. On June 26, 2016, the Defendant forged private documents and violated the Resident Registration Act: (a) around 23:40, the Defendant was aware of the fact of drinking and driving without a license from the head of the police station D affiliated with the Gwangju Northern Police Station D, which was under control on the front of the Sam-dong Innovation Apartment-dong, Gwangju, and was punished; (b) caused F’s resident registration number by deceiving F’s personal information as if he was his personal information; and (c) signed F’s name in the name column of the report on the statement of the jun driver’s parliamentary statement using an authorized color pen, and was private in that column.

In this respect, the defendant used another person's resident registration number unlawfully, and forged one copy of the report on the state of state affairs, which is a private document related to certification of facts without authority, for the purpose of exercising it.

3. The Defendant, at the time, at the time, and at the place specified in Paragraph 2, delivered the forged report on the statement of the state-employed driver, as if it were duly formed, to the head of Gwangju Northern Police Station D affiliated with D, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the actual state of the driver;

1. A written report from an employee of an employer;

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

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act concerning the facts constituting the crime;

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