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(영문) 창원지방법원 밀양지원 2016.06.09 2016고단138
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

On October 2, 2007, the Defendant was ordered to transfer juvenile protection cases due to a violation of the Road Traffic Act (drinking driving) at the Changwon District Prosecutors' Office, and on November 2, 2015, the same court issued a summary order of one million won as a fine for the same crime. On April 26, 2016, the Defendant was sentenced to one year of suspension of imprisonment with prison labor for the same crime at the same court, and the said judgment became final and conclusive on May 4, 2016.

1. On March 26, 2016, the Defendant driven a vehicle under the influence of alcohol in the range of about 20 kilometers from the road located in the Ganhae-si, Kimyang-si to the lusium high-speed road without a driver’s license on March 26, 2016, while driving a vehicle under the influence of alcohol in the range of about 20 kilometers of alcohol concentration (0.052%).

2. On March 26, 2016, when the Defendant was found to have a drinking operation from the slope C at the police box located in the B police box located in smuggling-si on March 26, 2016, the Defendant: (a) informed the Defendant’s resident registration number; and (b) requested the police officer to sign a signature to the purport of verifying the fact in the column for the driver’s signature of the inquiry as a result of the police officer’s control over drinking driving of a portable information device (PDA); and (c) stated the “E” as if the Defendant was D.

Accordingly, for the purpose of exercising authority, the Defendant forged the above D’s signature without authority, and had police officers know of such fact printed out “the notice of the results of drinking driving control” forged and carried it into investigation records.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. To describe and present a written notice of the results of regulating drinking driving;

1. Previous conviction: Application of inquiry letter, such as criminal history, and search-related Acts and subordinate statutes;

1. Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning facts constituting an offense, Article 152 Subparag. 1 and 43 of the Road Traffic Act (unlicensed driving) and Article 239 of the Criminal Act.

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