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(영문) 대구지방법원 2013.09.05 2013고단4392
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 00:25 on May 28, 2013, the Defendant was under the influence of alcohol by 0.091% without a vehicle driver’s license. Around 00:25, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.091%, from the road front of the Yangjuju-dong located in the Daegu hydro-gu Yellow-gu, to the two clubs tunnel and the front road in front of the same location, and driven the car from approximately 1 km.

2. The Defendant, as mentioned in the preceding paragraph, was found to have driven a drinking alcohol test from police officers C belonging to the Daegu Suwon Police Station, with the intention of hiding the Defendant’s non-licenseed facts, presented the Defendant’s pro-born DNA personal information and made the Defendant pretended to disguise the Defendant’s status.

On May 28, 2013, at around 00:43, the Defendant stated that the name of the Defendant was D, and notified the said police officer of the aforementioned D’s resident registration number, and continuously stated “D” in the report on the statement on the status of the driver, etc. prepared by the said police officer, and submitted it to the said police officer.

Accordingly, the defendant forged another person's signature for the purpose of exercising the right, and issued a forged other person's signature, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. A report on the results of a request for appraisal of the site;

1. Reporting on the detection of contamination by a host driver;

1. Registers of driver's licenses;

1. Application of statutes concerning disqualified meetings of the main office;

1. Relevant Article 239 (1) of the Criminal Act for the crime (the point of private signature) and Article 239 (2) and (1) of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act for the crime;

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

1. Selection of the penalty;

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