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(영문) 인천지방법원 2013.03.28 2013고단577
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 00:45 on December 13, 2012, the Defendant driven B rocketing car under the influence of alcohol content of about 0.050% without obtaining a driver’s license in the section of about 5km from the Southern-gu Incheon Metropolitan City, the Southern-gu, Seoul Metropolitan City, to the roads in front of the South-gu literature/IC.

2. On December 13, 2012, the Defendant violated the Resident Registration Act: (a) around 01:00, the Defendant illegally used another person’s resident registration number by withdrawing D’s resident registration number, where it was anticipated that the fact of driving without obtaining a license on the expressway patrol team C from the Incheon Metropolitan City Police Agency in front of the Dongdaemun-gu Incheon Metropolitan City, Seonam-gu, Incheon Metropolitan City.

3. The Defendant: (a) signed the name column of “D” in the name column of “D’s statement of the state of the driver of the State and the notice of the result of the control of the state driving,” which recorded D’s personal information prepared by the said C with the intent to exercise the said C at the time and place specified in the foregoing paragraph (2); and (b) delivered the said documents to the said C as if they were duly formed.

Accordingly, the defendant has forged the above D's signature and exercised it respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Arrest report on the occurrence of the case, circumstantial report on the host driver, and circumstantial statement of the host driver (D);

1. Notification of the results of the drinking driving control (D) and the results of the drinking driving control;

1. The ledger of driver's licenses;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Article applicable to criminal facts;

(a) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

(b) Occupation of drinking: Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act;

(c) Illegal use of resident registration numbers: Article 37 subparagraph 10 of the Resident Registration Act;

(d) The point of each private signature: Article 239 (1) of the Criminal Act.

(e) Each above investigation signature.

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