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(영문) 대구지방법원 포항지원 2014.06.10 2013고단454
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 04:50 on July 7, 2012, the Defendant was driving a B car under the influence of alcohol leveling 0.163% without a driver’s license, from the road near the speed bus terminal in the south-gu Sea-do at port to the road in front of the same Gu-do Do-dong, while driving a B car under the influence of alcohol leveling 0.163% without a driver’s license.

2. The Defendant, when committing the crime of the above paragraph (1) was cracked on the slopeD affiliated with the Portnam Police Station C police box of the Korea Coast Guard, he saw himself as E. On July 7, 2012, at the Port Southern Police Station C police box located in the south-gu, Posing on July 7, 2012, indicated him as E, in the driver’s column of the report on detection of the driver and the report on the circumstances of the driver’s driver, stated as E in the aforementioned slopeD, and presented the report on detection of the driver’s identity, the report on detection of the driver’s identity, and the circumstantial report on the accident of the driver’s identity to the above slopeD, who is aware of the forgery.

Accordingly, the defendant forged E's signature for the purpose of exercising it, and exercised it.

Summary of Evidence

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

1. Statement of the police statement of E;

1. A report on detection of a host driver (11 pages of investigation records);

1. The circumstantial report of an employee;

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

1. Relevant Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act - Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of a driving without a license) - Article 239 (1) of the Criminal Act (the point of a private signature) and Article 239 (2) and (1) of the Criminal Act for the crime;

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. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes.

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