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(영문) 인천지방법원 2017.07.12 2017고단2848
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 15, 2017, the Defendant was under the influence of 0.157% of alcohol concentration during blood transfusion without obtaining a driver’s license from around 10:00, the Defendant driven BMW car under the influence of alcohol with approximately 89 percent alcohol concentration at about 2km from the road in front of the Busan Seo-gu, Seo-gu, Incheon, Busan, the Agricultural Products Wholesale Market to around 46, the same water route from around 10:00 to the road in front of his church.

2. On January 15, 2017, the Defendant violated the Resident Registration Act, forged private documents, and forged the above investigation documents, and the Defendant: (a) controlled 89 U.S. in the drinking drive from D in front of the Incheon Seo-gu, Incheon, Busan, the Police Station C seat of the Police Station, Incheon, on the road of the 89 U.S. church; (b) as if the Defendant’s birth was discovered, the Defendant’s resident registration number was discovered; (c) stated the state driver’s circumstantial statement report from the above D in the driver’s name column in the driver’s name column of the report; (d) stated it in the driver’s name column of the blood collection consent as “E”, and affixed it with the seal affixed to the “E” column of the blood collection consent, and read it as if he was the document duly formed with the above D.

As a result, the Defendant used the E resident registration number unlawfully, and forged and used a statement report on the situation of the driver's driver in the name of E, which is a private document on rights and obligations, and one copy of the consent to collect blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the circumstantial statement report, written consent to blood collection, control records, and the statutes of the response to the request for appraisal;

1. Driving under the relevant legal provision on criminal facts: The driving without a license under Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act: Article 152 Subparag. 1 and Article 43 of the Road Traffic Act: Violation of the Resident Registration Act by a resident: The act of forging a private document under Article 37 Subparag. 10 of the Resident Registration Act and exercising the relevant investigation document: Articles 231 and 234 of the Criminal Act;

1. The crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes are crimes of violation of the Road Traffic Act as stated in the judgment.

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