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(영문) 서울북부지방법원 2014.03.20 2014고단121
도로교통법위반(음주운전)등
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 07:50 on February 15, 2013, the Defendant was under the influence of alcohol with a blood alcohol content of 0.079% without a vehicle driver’s license, and the Defendant driven B-learning car from the road front of the Seoul Gangnam-gu Seo-gu Seo-gu “Woo-hop” on the 20km section from the road to the road front of 337 km-ro, Gangnam-gu, Seoul.

2. On the same day, at around 08:17, the Defendant: (a) was investigated at the office of the traffic safety department of the Gangnam Police Station located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and 415-15, the Defendant was aware of the charge under the preceding paragraph; (b) was aware of the Defendant’s pro-friendly C; and (c) was written “C” in the driver’s opinion column of the driver’s report on the state of the driver’s parliamentary statement on the driver’s name with the color pen; and (d) was marked with the driver’s column, and submitted it to the DNA assistant belonging to the said police station.

Accordingly, the Defendant, for the purpose of uttering, forged one copy of the report on the state-owned driver statement in the name of the above C, including the part of the private document in the name of the above C related to the certification of facts, and, as if the above document was duly formed, submitted it to the above police officer to use the forged private document.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of C in the police statement;

1. Entry in the register of driver's licenses;

1. Statement of the circumstances of a drinking driver, report of the circumstances of a drinking-driving and report on the results of crackdown on drinking-driving; and

1. Entry in the circumstantial statement report on a host driver and the application of the existing Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of running under the Road Traffic Act).

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