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(영문) 부산지방법원 2016.07.01 2015고단6200
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 30, 2012, the Defendant, while under the influence of alcohol of 0.106% in blood without a vehicle driver’s license, driven Crain car at a section of about 100 meters from the bathing beach of the Seo-gu Busan, Seo-gu to the front of the post office of Songdo, in the state of under the influence of alcohol of 0.106% in blood during the blood, from August 30, 2012.

2. When the Defendant violated the Resident Registration Act, counterfeited the signature of the company, and signed the above investigation at the time stated in paragraph 1, the Defendant was discovered to a police officer belonging to the Busan Western Police Station in charge of the traffic survey on the road in front of the Busan Western Police Station, who was in charge of driving drinking on the road prior to the Busan Western Police Station, at the time of questioning of the record of the crackdown on driving of drinking on the portable Information Terminal (PDA), the Defendant’s name and resident registration number was omitted when inquiring of the driver’s signature in the driver’s signature column, and signed D in the driver’s signature column.

As a result, the Defendant used another person’s resident registration number unlawfully, forged D’s signature without authority for the purpose of exercising his/her right, sent the result of regulating drinking driving to the National Police Agency’s traffic computer network, and issued the same as if he/she actually signed it to police officers who may know of such fact.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written statement of the driver who takes charge;

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

1. Article 148-2 subparag. 2, Article 44 subparag. 2, Article 152 subparag. 1, and Article 43 of the Road Traffic Act (U.S.) concerning criminal facts; Article 239(1) of the Criminal Act (U.S.’s signature); Article 239(2) and Article 239(1) of the Criminal Act (U.S.’s signature exercise); Article 37 subparag. 10 of the Resident Registration Act (non-use of resident registration number) concerning resident registration;

1. Crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (driving of Drinking) and crimes of violation of Road Traffic Act (driving of Drinking).

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