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(영문) 전주지방법원 2014.06.20 2014고단589
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On April 4, 2014, the Defendant, while under the influence of alcohol at a 01:33% of blood alcohol concentration, driven a 2 km car from the front side of the steering village in the Jinbuk-gu, Seoul Special Metropolitan City to the front side of the Jinbuk-gu, Seoul Special Metropolitan City, to the front side of the shooting distance of the Jinbuk-gu, which is located in the same Dong.

2. When the Defendant, on the date and time set forth in paragraph (1) of the above Article, was subject to the control of drunk driving from E, etc. in front of the shooting distance of the Jinbuk-gu Police Station D Zone D District, etc., the Defendant: (a) was friendly F to be punished by the aggravated punishment due to driving force; and (b) without authority to exercise the aforementioned E’s voluntary written consent, the report on detection of drinking drivers, and the circumstantial statement of drinking drivers; and (c) the Defendant used the said written consent to use it to “in person” and “driver”; and (d) the Defendant, on the face of the name, forged the said written consent on voluntary driving, the written report on detection of drinking drivers, and the written report on the circumstances of drinking drivers; and (e) each of the said documents was presented to the police officer who was aware of the fact, and exercised the said documents.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of each Act and subordinate statute to voluntary written consent, written report on detection of a host driver, and written circumstantial statement of a host driver;

1. Relevant Article of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of imprisonment for a crime;

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

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. Reasons for the sentencing of Article 62-2 of the Criminal Act in regard to probation, community service, or lecture attendance order;

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