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(영문) 창원지방법원 2016.09.23 2016고단1451

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On December 19, 201, the Defendant received a summary order of KRW 1,50,000 from the Changwon District Court to a fine of KRW 1,50,000 for a crime of violating the Road Traffic Act (drinking) at the Changwon District Court on February 9, 201, and on February 9, 201, for a crime of violating the Road Traffic Act (drinking) at the Changwon District Court on February 9, 201.

On May 1, 2016, at around 03:15, the Defendant driven a B-learning car under the influence of alcohol content of approximately 0.148% from the 100-meter section from the day before a mutually influent restaurant located in the outside of the Kimhae-si to the road in front of the kingn Station located in the same Dong.

2. On May 1, 2016, at around 03:15, the Defendant’s event, such as the electronic records of the company, and the electronic records of the above writers, such as the electronic records, sent the name and resident registration number “F” of the Defendant-friendly E, the Defendant, who was in the ordinary out of the company, sent the “F” to the said D, when he controlled traffic expenses of the police station in front of the king branch of the road in front of the king-si, Kimhae-si, and the charge of drinking driving from the slopeD belonging to C, on the road.

Therefore, the defendant signed the above E's signature in the signature column of the driver of the above notification and transmitted the above D's signature to the police internal computer network by using a portable information device (PDA).

Accordingly, the defendant, for the purpose of handling business affairs, forged a notice of the results of the drinking driving control in the above E E, which is an electronic record of the history of proof of facts, and exercised it.

3. The Defendant forged the private document and the instant investigation document: (a) at the time and place specified in paragraph 2; (b) at the place, written the state driver’s circumstantial statement report; (c) the promise to attend the instant investigation; and (d) written the “E” on the driver’s name column of the document in order to request the preparation of the voluntary accompanying consent; and (b) signed it and submitted it to a slope D without knowledge of the fact.

Accordingly, the defendant is a driver in the name of E on fact certification for the purpose of exercising.