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(영문) 수원지방법원 2016.01.27 2015고단5633
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

1. On October 9, 2015, the Defendant was driving a BN model under the influence of alcohol content 0.183% while under the influence of alcohol without obtaining a driver’s license on the section of about 10 meters from the front of the edge of a bridge located in the corner of the head of the Sin-Eup in the front of the Sin-Eup in the front of the Sin-Eup in the head population of the Sin-si on a light of light of 20:35 on October 2015, under the influence of alcohol content 0.183% in blood.

2. When the Defendant was at the time and place specified in Paragraph 1, and at the same time and place, the police box C of the Dong-dong Police Station C was found to have a drinking and thus demanded to present a driver’s license, the Defendant denied the official document by presenting the driver’s license of the Dong-dong E in his possession as if he was the Defendant’s driver’s license.

3. The Defendant forged a private document, or exercised the said investigation document, signed E on the date and at the place specified in paragraph 1, on the situation report of the driver at the State and on the detection report of the driver at the State, and submitted the said document to D who is aware of the fact.

As a result, the Defendant forged a report on the situation of the driver in the name of E and a report on the detection of the driver in the name of E, which is a private document on the proof of fact, and exercised it to D as if it were duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

1. A report on detection of a driver at the main place (25 pages of investigation records);

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to report the circumstances of drivers engaged in driving and to report the detection of drivers engaged in driving;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 230 of the Criminal Act (the point of uttering of an official document), Article 231 of the Criminal Act (the point of uttering of an official document) and 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 Competition;

1. Selection of each sentence of imprisonment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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