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(영문) 서울중앙지방법원 2012.11.23 2012고단5371

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 5, 2012, the Defendant: (a) while under the influence of alcohol at around 00:12, the Defendant driven a bicycle with BUXI 100 engine device from the road in Jongno-gu Seoul Jongno-gu, Jongno-gu, Seoul to the road in front of the shock market located in Jongno-gu, Jongno-gu, Seoul without obtaining a motorcycle driver’s license; and (b) on August 5, 2012, the Defendant operated BUX 10 engine bicycle at the section of approximately 1km from the road in Jongno-gu, Jongno-gu, Seoul to the road in front of the shock market.

2. The Defendant forged private documents in the same date and time, and signed C’s name next to C’s name, stating “I will not request the prior location. I will again request the prior location. I will not transmit the crime. I will confirm that the above contents as a person subject to the driver’s license cancellation, recognize them as true, and receive notification that if they are unjust, I will collect blood.”

Accordingly, for the purpose of exercising, the Defendant forged C’s name, which is a private document related to the fact-finding among the report on the state-finding statement, which is a public document for the Corporation.

3. The Defendant presented the forged private document to the Assistant E, a police officer affiliated with Seoul beneficiary Police Station D, who is aware of the forgery at the same place and displayed it as if it was duly formed.

4. The Defendant, at the time, at the time, at the place specified in paragraph (2), is called “A” on the driver’s signature box of a portable information terminal driving control report stating “A”, at the time, after measuring the Defendant’s blood alcohol level, the Defendant demanded digital signature after having measured the Defendant’s blood alcohol level, that “The blood alcohol level is 0.159% as a result of the blood driving measurement, and that the above fact is true and signed.”

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