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(영문) 청주지방법원 2015.12.24 2015고단1791
도로교통법위반(음주운전)등
Text

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

except that 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 August 11, 2015, the Defendant driving a B coaches car in front of the Jincheon-gun, Jincheon-gun, Jincheon-gun, and the road of the same Eup on the road under the influence of alcohol by 0.115% of alcohol without obtaining a driver’s license on August 21, 2015.

2. On August 21, 2015, at around 21:36, 2015, the Defendant: (a) discovered a drunk driving in front of the Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gu, Jincheon-do; (b) subsequently, in order to conceal the fact of driving without a license and fine, the Defendant forged a letter of voluntary behavior written consent to the confirmation of facts in the name of Jincheon-gun, C, a private document on the confirmation of facts, and a letter of a written report on the circumstances of the Jin-do driver, a private document on the confirmation of facts, for the purpose of exercising the name of the Defendant’s kind of job offering “C” in the column of the driver’s name; and (c) subsequently, the Defendant

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Voluntary written consent from the defendant's name C and the circumstantial report from the principal driver;

1. Notification of the results of drinking driving control, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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

1. While there are records of punishment of a fine once for the crime of violation of the Road Traffic Act (unlicensed driving) with the reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances of the sentencing of the following), it is the same in the state of drinking.

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