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(영문) 전주지방법원 2019.01.25 2017고단2331

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On September 26, 2017, the Defendant was under the influence of alcohol with 0.285% of blood alcohol content, and around September 26, 2017, the Defendant driving a D low-speed-in vehicle from the front side of the mutual infinite-gu Seoul Metropolitan City to the front side of the B apartment C-dong parking lot.

2. The Defendant, at the time stated in paragraph 1, committed an act of forging a private signature, forging a private signature, uttering of a private document, forging a private document, and uttering of a private document, with the intention of driving as if he was his own E, when he was controlled by drinking driving.

At the time stated in paragraph (1), the Defendant signed the aforementioned PDA’s driver column without authority for the purpose of exercising his/her signature upon accessing the F Zone G belonging to the former Jinjin Police Station F Zone to PDA to a transportation police computer network, entering the notification of the results of drinking driving control, and requesting the signature to the driver column on the side of the aforementioned PDA’s column. G who is not aware of the fact, printed the notification of the results of drinking driving control into the exclusive site and bound the records of the above CDA’s drinking driving case for the said E. G printed it to the exclusive site.

Accordingly, the defendant forged his signature in the name of E and exercised it.

B. At the time set forth in paragraph (1), the Defendant: (a) signed the “E” on the driver’s circumstantial statement prepared by the head of the Haak-gu Police Station F District H with the aim of exercising the right at the above apartment parking lot; (b) on the driver’s name column confirming the driver’s consent to blood collection; and (c) on the written consent to blood collection; and (d) delivered the said H without knowledge of the fact at the seat.

As a result, the Defendant committed a forgery of the report on the circumstantial statement of the main driver, blood collection consent, and written confirmation in the name of E related to the certification of facts.

Summary of Evidence

The written statement of the police interrogation protocol against the accused and the result of the drinking driving control, and the driver.

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