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(영문) 서울중앙지방법원 2014.02.14 2013고단8216
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. On December 5, 2013, the Defendant, while under the influence of alcohol and alcohol level of 0.145% at around 04:20 on December 5, 2013, operated a 2-meter Category B New franchise XG car at the front of the restaurant of the Seocho-gu Seoul Seocho-gu 1344-1 without obtaining a driving license.

2. Around 05:00 on December 5, 2013, the Defendant responded to a drinking test at a police box located in Seocho-gu Seoul, Seocho-gu, Seoul. On the following grounds: (a) the Defendant’s co-ordination of private documents and the use of a falsified document; (b) the Defendant’s co-ordination of the written statement as E; (c) the name of the Defendant’s co-ordination of a drinking driver’s written statement; (d) the name of the person who is the statement of non-bearing; (e) the confirmation column of the written confirmation of blood collection of a drinking driver’s driver’s license; and (e) the person who is the confirmation column of the written confirmation of blood collection of a drinking driver’s license; and (e) the person who is the driver’s name of a drinking driver’

Around that time, the Defendant continued to submit to F the aforementioned police box a false drinking driver’s written statement, driver’s license, blood collection confirmation certificate, and the circumstantial report of drinking drivers to F, which was known of the forgery at the Seoul Seocho Police Station D police box, as if they were duly formed.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of particulars prepared by the F;

1. Entry in the register of driver's licenses;

1. Written statements of drinking drivers, written statements of non-bearing drivers' licenses, circumstantial statements of drinking drivers, written statements of blood collection confirmation of drinking drivers, and application of their existing Acts and subordinate statutes;

1. Article 152 subparagraph 1 of the corresponding Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning the crime;

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