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(영문) 서울중앙지방법원 2016.01.29 2015고단7055
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 21, 2015, the Defendant, without a driver’s license, driven B 5 vehicles while under the influence of alcohol with approximately 0.05% alcohol concentration from the 2km section of approximately 2km to the intersection, regardless of the cho Lake-dong in Seocho-gu Seoul, Seocho-gu, Seoul, at around 08:30 on August 21, 2015.

2. As described in paragraph 1, the Defendant, while driving drinking and unlicensed driving, was subject to control by police officers prior to the intersection in Seocho-gu Seoul, Seocho-gu, Seoul. According to the distribution of Seocho-gu, Seoul Seocho-gu, the Defendant: (a) drafted an inquiry of the control over drinking driving; (b) written a statement of the situation of the driver driving; (c) written a written investigation process confirmation; (d) written a letter of confirmation on blood collection of drinking drivers; and (e) written a voluntary letter of consent on the confirmation column of each of the above documents; (c) made himself/herself as if he/she was C, who is the mother of the Defendant’s birth; and (d) made his/her signature.

Accordingly, the Defendant forged the signature of each other for the purpose of exercising the right.

3. The Defendant: (a) presented his signature forged C, as described in paragraph (2), at the date and place specified in paragraph (2) to the Seocho Police Station Assistant D, Seocho-gu, Seoul, and exercised the signature respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by E;

1. Inquiries about the results of crackdown on driving alcohol;

1. Statement of the circumstances of the driver involved in driving;

1. A written confirmation of the investigation process (eight pages of evidence records);

1. A certificate to collect blood from a drinking driver;

1. A certificate of voluntary accompanying;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3, Article 44 (1) of the relevant Act on the Traffic of Roads (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of unauthorized Driver's License), Article 239 (1) of the Criminal Act (the point of private signature) and Article 239 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1.Article 40 of the Criminal Code of Trade and Trade.

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