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(영문) 광주지방법원 해남지원 2017.08.10 2016고단485
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 6, 2016, the Defendant driven an E-Poter truck under the influence of alcohol content of about 0.103% from the 300 meters away from the road front of the jundo-Eup, Do-Eup, Seoul Special Metropolitan City, to the road front of the DMatet in C, without obtaining a driver’s license, on the part of approximately 300 meters from the part of the 300-meter road, in which he/she is under the influence of alcohol content of 0.103%.

2. When the Defendant’s signature forgery and the above investigation’s signature display of the Defendant’s resident registration certificate to police officers G belonging to the Dondo Police Station F of the Dondo Police Station in front of the above D Mt on the road at the above day, the Defendant forged the above H’s signature for the purpose of signing and exercising the Defendant’s signature as “H” on the driver’s column of the State driver’s statement and the result of crackdown on drinking driving, which the said G presented, and exercised each of the above H’s signature as if it was duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, inquiry into the results of crackdown on driving of alcohol, investigation report on the register of driver's licenses, and application of investigation report (related to suspects A);

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act on the Traffic of Roads (on the part of a driver's license), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (on the part of a driver's license), Article 239 (1) of the relevant Criminal Act (on the part of a driver's signature), Article 239 (2) and Article 239 (1) of the relevant Criminal Act (on the part of a driver's license), and Article 239 (2) and (1) of the relevant Act on the part of the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of sentence of imprisonment with prison labor for a crime of violating the traffic laws on the selective road;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to attend lectures under the Criminal Act;

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