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(영문) 광주지방법원 목포지원 2014.08.21 2014고단1039
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

1. On May 1, 2014, the Defendant driven B motor vehicle under the influence of alcohol with approximately 3km of 0.142% of the blood alcohol concentration from the front of the stadium at the 19:18 driver’s license of a motor vehicle on May 1, 2014 to the front of the 88 gymnasium located as the white year at the brea-si in the brea-si city.

2. On May 1, 2014, around 19:49, the Defendant: (a) was investigated by E in relation to driving under influence of alcohol at the Mapo Police Station D District D District located in Fapo-si C on May 1, 2014; and (b) was submitted as if he was the signature of the Defendant’s name, “F” in the digital signature column of the notice of the results of the influence on drinking driving to conceal the fact of driving under influence of alcohol without a license.

Accordingly, the defendant forged another person's signature for the purpose of exercising the right.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The ledger of driver's licenses;

1. Notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to a copy of notification of the result of drinking driving control;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 239 (1) of the Criminal Act, and Article 239 (2) and (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act).

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. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The defendant's reason for sentencing under Article 62-2 of the Criminal Code of Probation and Social Service Order is without a license.

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