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(영문) 춘천지방법원 2014.12.18 2014고단1063
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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. On September 26, 2014, the Defendant: (a) around 23:16, the Defendant driven Bho-low-scale car without a vehicle driver’s license in a state of drinking 0.104 percent of the blood alcohol concentration of about 50 meters from the road front of the Cho-si restaurant located in the Chuncheon City master’s zone to the three-lane forest road in the same city.

2. The Defendant was aware of the violation of the Resident Registration Act, the forgery of a private signature, and the use of a false signature at the same time and place as the foregoing paragraph (1) and had been driving the said vehicle while driving it at a place, and was asked to make a statement of personal information from D in the circumstances surrounding the Chuncheon Police Station C District to which he belongs to the Chuncheon Police Station C District, and

The Defendant stated to the Inspector D that his name is “E”, and resident registration number is “F”, and then stated that the above police officer’s name is “E” in each column of report on the circumstance of the driver’s driver’s statement and notification on the result of the influence of alcohol driving control, and signed each side of the name.

Accordingly, the defendant used his resident registration number unlawfully, forged E's signature for the purpose of exercising his/her right, and submitted a report on the circumstances of the above drinking driver and a report on the result of the drinking driving control to the police officer in a lump sum and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The circumstantial statement of the host driver (A and E signed);

1. Notification of the results of the drinking driving control (A and E signed);

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. 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 239 (1) of the Criminal Act, Article 239 (2) and (1) of the Criminal Act, Article 239 (1) of the same Act, Article 37 subparagraph 10 of the Resident Registration Act for the crime.

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