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(영문) 수원지방법원 평택지원 2014.10.14 2013고단1509
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. Around 00:45 on October 14, 2012, the Defendant violated the Road Traffic Act (driving a sound driving) driving from the front of a restaurant in which the trade name in Pyeongtaek-si driving cannot be known, while under the influence of alcohol 0.076% of the blood alcohol concentration, to the front of the restaurant at which it is impossible to identify the trade name in Pyeongtaek-si driving, to the front of the Korean Industrial Complex in the same city (Korean Industrial Complex in the same city) at approximately 300 meters.

2. The Defendant, without authority, was found to have been aware of a drunk driving from C to exercise the right at the time, time, and place specified in paragraph (1) and then was demanded to sign a report on the circumstances of the drinking driver and a notice on the results of the influence of drinking driving, and the driver of each of the above documents stated “D” in the driver’s name column of each of the above documents and forged it.

3. The Defendant, at the time and time and place specified in paragraph (1), issued the signature of forged D to the above policeman who is unaware of the fact that he had the signature, and exercised it.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

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

1. The application of Acts and subordinate statutes to notification of the results of the drinking driving control (D) and investigation report (written statements attached thereto);

1. Relevant Article of the Criminal Act, Articles 148-2 (2) 3, 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment), Article 239 (1) of the Criminal Act (the point of private signature) and Article 239 (2) of the Criminal Act for the crime;

1. The crime of this case, among concurrent offenders, which has forged another person’s signature to conceal the reasoning of the punishment under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, is not good, the confession of the crime, and the fact that the trial is underway, and the defendant’s age, character and conduct, circumstances after the crime, etc. are considered, shall be determined as per the disposition, taking into account the following factors.

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