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(영문) 인천지방법원 2017.05.18 2017고단1514
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 4, 2011, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Incheon District Court on August 4, 201, and a fine of four million won for the same crime at the same court on April 29, 2016, respectively.

1. On December 30, 2016, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drinking without a license) driving a car in the area of about 7 km from the front line of light fishery in the vicinity of the Bupyeong-gu Bupyeong-gu Incheon Metropolitan City, Incheon, without obtaining a driver’s license, while under the influence of alcohol with 0.103% of alcohol concentration in the blood of around 10:32 on December 30, 2016.

As a result, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice, transferred a motor vehicle under the influence of alcohol, and also driven a motor vehicle without obtaining a driver's license.

2. The Defendant: (a) was subject to the control by drinking, such as the foregoing paragraph (1), on the front side of the Nam-gu Incheon Metropolitan City, Chungcheongnam-gu B on December 30, 2016; (b) was in front of the police officer, who was affiliated with the D District Unit of the Incheon Nam-dong Police Station, demanded the police officer E to sign a report on the circumstances of the driver’s working; (c) was in the color of official approval, and was informed of his knowledge in the column of the driver’s report;

F's name is stated, the defendant's unmanned is marked next to the F's name, and this is presented to the F's Senior E.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A statement in the circumstances of the driver who takes charge of the State in F;

1. A report on detection of a drinking driver;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning criminal facts, Article 239(2) of the Criminal Act, and Article 238-2 subparag. 2, Article 148-2, Article 44 subparag. 1, Article 152 subparag. 1, and Article 43 of the Road Traffic Act, Article 239(2), and Article 1 of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Drinking and drinking)

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