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(영문) 인천지방법원 2018.08.13 2018고단4279

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

Reasons

Punishment of the crime

1. On February 10, 2017, the Defendant is a person who has a record of driving two or more times under the influence of a fine of KRW 1.5 million on the ground of a violation of the Road Traffic Act (driving without a license) at the Incheon District Court on February 10, 2017, and a person who has a record of driving two or more times of drinking with a fine of KRW 4 million on February 5, 2018 as an offense in support of the sex south of the Suwon Friwon method.

On April 10, 2018, around 00:26, the Defendant driven a DNA car under the influence of alcohol content of 0.085% while under the influence of alcohol without a driver’s license from approximately 2km section from the front of an insular station near the Bupyeong-gu Incheon Bupyeong-gu, Incheon to the front of the same Gu B “C” road.

2. The Defendant forged a private document and the foregoing investigation document: (a) was discovered when drinking and driving without a license on the road in front of the Bupyeong-gu Incheon Metropolitan City B “C” on the same day; (b) was asked by the Defendant to sign and affix a seal to the driver’s circumstantial statement report; (c) was conducted as if he himself was the Defendant’s birth; and (d) was done as if he was the Defendant’s birth; and (c) made a written statement on the driver’s circumstantial statement report on the driver’s living conditions using a black pen, using the black pen, stating “G”, “H” and “ driver’s opinion statement” in “G” column; and (d) forged the driver’s statement report on the driver’s living in the name of G, which is a private document on proof of the fact for use; and (e) submitted the forged driver’s circumstantial report to the said F without knowledge, and exercised it as if it was duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver driving each week and notification of the results of regulating drinking driving;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. An investigation report, investigation report (cancellation of entry), and investigation report (examination of the legal principles on the forgery of private documents);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (verification of the same criminal suspect's records of driving under drinking);

1. Relevant provisions of the Act concerning facts constituting an offense;