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(영문) 인천지방법원 2015.08.19 2015고단3771
사서명위조등
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 01:00 on May 21, 2015, the Defendant was under the influence of alcohol of 0.058% by blood alcohol concentration, and the Defendant driven the Defendant’s C rocketing car owned by the Defendant’s Party B from the front day of a mutually unclaimed restaurant located in the south-gu Incheon Metropolitan City drawing to the same 303-ro, 303-ro, and the front day of the south Dong household.

2. As above, the Defendant: (a) took control of driving under the influence of alcohol; (b) demanded the Defendant’s personal information from D; (c) made the Defendant’s personal name and resident registration number F; (d) made D to make the Defendant’s pro-friendly “E” statement; and (c) made D to prepare a notice of the results of drinking driving control; (d) written notice of the circumstances of drinking drivers; and (e) written attendance agreement for the investigation of the case according to his personal information; (c) written signature of “E” in the signature column of the National Police Agency’s portable Information Device (PDA); (d) written report on the circumstances of drinking drivers; and (d) written attendance agreement for the investigation of the case; and (e) made the signature of “E” printed out one copy of the notice of the results of the drinking Driving Control Act; and (e) made the signature of

Summary of Evidence

1. Defendant's legal statement;

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

1. To make inquiries into the results of the control of drinking driving, the report on the state of drinking drivers, and the promise to attend for the investigation of the case, and the application of the Acts and subordinate statutes to that effect;

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

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

1. Selection of imprisonment with prison labor for a crime of violation of the Road Traffic Act;

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

1. The suspended sentence is against Article 62(1) of the Criminal Act, and is imprisonment without prison labor for the same kind of crime;

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