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(영문) 서울서부지방법원 2013.05.23 2012고합436
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On March 3, 2005, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court, KRW 3 million for the same crime at the Seoul Western District Court on November 7, 2006, and KRW 1 million for the same crime at the Seoul Northern District Court on May 26, 201, respectively.

【Criminal Facts】

1. Around 00:15 on August 24, 2012, the Defendant was under the influence of alcohol without a driver’s license on the violation of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) on the following occasions: (a) while under the influence of alcohol, the blood alcohol concentration of 0.174%; (b) from the river north of the Han River in the vicinity of Seoul Han River to the roads in front of Yongsan-gu Seoul, Yongsan-gu.

2. On August 24, 2012, around 00:15, the Defendant violated the Resident Registration Act, while driving a motor vehicle under a drinking free license on the front of Yongsan-gu Seoul, Yongsan-gu, Seoul, pursuant to paragraph (1) above, was subject to control from police officers E, and the Defendant talked about the police officer E with his resident registration number (G) as if he was the Defendant’s resident registration number, and used the F’s resident registration number unlawfully.

3. On August 24, 2012, at around 00:15, the Defendant forged private documents, without authority, entered “F” in the driver’s signature column of the written confirmation of the report on the statement of the primary driver, with the intent to exercise the right on the road prior to Yongsan-gu Seoul Metropolitan Government, and forged a copy of the written confirmation in the name of F, a private document concerning the certification of facts.

4. The Defendant at the same time, at the same time, and at the same place as the above paragraph (3) above, issued a written confirmation of the FF name so forged to E by police officers who are unaware of such fact.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of a host driver, investigation report (general), - Status confirmation, control details, and report on detection of a host driver;

1. [Prior Records]: Application of the Act and subordinate statutes of the Inquiry Report, such as criminal records;

1. Relevant Article 148-2 (1) 1 and Article 44 of the Road Traffic Act concerning the facts constituting the crime;

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