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(영문) 대구지방법원 2016.10.13 2016고단3283
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. The same year from May 2, 2016 to the accused who has violated the Road Traffic Act and the Road Traffic Act;

8. Around June 1, 2016, around 22:58, the driving of a motor vehicle with blood alcohol content of approximately KRW 1.5 km from the front side of the Tae-gu Daegu-dong, Daegu-gu to the front side of the “D” restaurant located in C, while under the influence of alcohol by around 0.065%.

2. On June 1, 2016, the Defendant: (a) stated “F” in the name column of the driver’s circumstantial report, which states that “A driver F flows into the last end at the time of detection of the horse on June 1, 2016; and (b) he/she was crypted with eye,” without authority, for the purpose of uttering in front of the “D” restaurant located in Daegu-gu, Daegu-gu, as indicated in the foregoing paragraph (1); and (c) forged the part of the Defendant’s written confirmation of facts in the Defendant’s report on the driver’s status statement in the above F’s name, which is a private document on the proof of the fact that the Defendant affixed his/her personal seal on the back.

3. The Defendant, at the time and at the place specified in the foregoing paragraph (2), issued the forged report on the state-owned driver’s statement to the Daegu Southern Police Station, the guard and traffic of the Daegu Police Station, and the slope H affiliated to G, and exercised the said report as if it were duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to reports on the state of his/her oral statement in F name;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each type of imprisonment with prison labor;

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;

1. An order to attend a course;

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