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(영문) 수원지방법원 2014.12.17 2014고단6269
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 23, 2014, the Defendant driven a DNA sprink vehicle at a distance of about 2 km from the front side of a two sprink cafeteria in the form of alcohol with a blood alcohol concentration of 0.158% without obtaining a driving license at around 21:49 on October 23, 2014.

2. On October 23, 2014, the Defendant’s unlawful uttering of official document was discovered at the frontway C in the Ssung City B as seen in the foregoing paragraph (1) and was demanded to produce a driver’s license from E with a slope belonging to the Ulsung Police Station.

The defendant, who was in possession, presented a first-class ordinary driver's license to F, a defendant's seat under the name of the commissioner of the Gyeonggi Provincial Police Agency, which is an official document, and presented it as if he was the defendant's driver's license to the defendant.

3. When the Defendant was found to have been drunkly driven on the front side of the foregoing C, the Defendant stated “F” as “F” in the name of the circumstantial report of the host driver as stated in the foregoing paragraph 2, and issued the said slope E as if he had been duly formed, without knowledge of such circumstance.

Accordingly, the defendant, for the purpose of uttering, forged a report on the circumstances of the driver employed in the name of F, a private document, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A report on the actual status of a host driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 230 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The number of self-denunciation in article 62, paragraph 1, of the Criminal Code of the suspended execution is one.

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