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(영문) 제주지방법원 2017.09.15 2017고단1028
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 3, 2012, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) from the Jeju District Court. On April 10, 2015, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) in the same court.

[Criminal facts]

1. On March 24, 2017, the Defendant: (a) driven a ice car under the influence of alcohol content of about 0.072% without a driver’s license on a section of about 7 km from the road near the “Nom Formation Party” located in the Jeju-si Nowon-do, to the road front of the “Korea-do-do-dong,” which is located outside of Jeju-do-si, in around 2:51 on March 24, 2017.

2. When the Defendant, at the time, at the place specified in paragraph 1, and at the location specified in paragraph 1, crackdowns on driving alcohol, etc., the Defendant forged F’s signature for the purpose of exercising the Defendant’s pro-friendly F’s name and signature in the signature column of the Defendant’s circumstantial statement report on the driver’s circumstances.

3. The Defendant: (a) submitted to E, at the time, and at the place specified in paragraph (2), a false statement report on the circumstances of the driver’s license forged to E, as mentioned above, was presented to E; and (b) exercised the same.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on the circumstances of a driver driving, inquiry of the results of crackdown on drinking driving, and a report on the detection of the driver driving;

1. The driver's license ledger;

1. A report on investigation (specific circumstances of the suspect);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment attached to the same type of force), and statutes;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning criminal facts, Article 239(1) of the Criminal Act, Article 239(2) and Article 239(1) of the Criminal Act concerning the act of crime (a point of drinking), Article 44 subparag. 1, Article 152 subparag. 1, and Article 43 of the Road Traffic Act (a point of exercising the aforementioned signature);

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

1. Selection of penalty;

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