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(영문) 부산지방법원 동부지원 2013.04.10 2013고단642
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 00:40 on February 6, 2013, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.166% without a vehicle driver’s license, and the Defendant driven B physical-person car from the center parking lot located in Suwon-gu Busan Metropolitan City to the same Samsan-si road.

2. When the Defendant violated the Resident Registration Act, as the Defendant was under the influence of drinking driving on the road front of Samsan Excellent, the Defendant used the Defendant’s subsequent resident registration number as if he was his resident registration number, thereby denying another person’s resident registration number by making the Defendant’s subsequent resident registration number to the Busan Southern Police Station and the C Assistant Inspector belonging to the traffic safety department.

3. The Defendant: (a) signed D in the driver’s name column of the report on the actual state of his driver; and (b) forged a private document regarding the fact-finding; (c) submitted the forged report on the actual state of his driver to C Assistant without knowing the forgery; and (d) exercised it at the aforementioned time and place; and (c) submitted it to C Assistant without knowing the forgery.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. A report on the actual state of the driver;

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

1. Relevant Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 37 subparagraph 10 of the Resident Registration Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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

1. The Criminal Act, the suspension of execution;

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