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(영문) 서울중앙지방법원 2015.10.14 2015고단5008

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

[criminal power] On April 11, 2006, the defendant was issued a summary order of one million won by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on March 23, 2009, the defendant was issued a summary order of two million won by a fine at the Seoul Central District Court on March 23, 2009, and on August 4, 2009, the Seoul Western District Court issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act.

【Criminal Facts】

1. On March 20, 2015, the Defendant, while under the influence of alcohol at a level of 0.070% of alcohol level, driven a 49cc Mabba, where there is no registration number plate in approximately 1km section from the front day of the sea village located in Yongsan-gu, Seoul, Yongsan-gu, Seoul to the front day of the hotel, from the direction of the sea village located in Yongsan-gu 2, Yongsan-gu, Seoul to the direction of the hotel.

2. Forgery of private documents;

A. When the Defendant, at the same time and place as set forth in paragraph (1), discovered suspicion of drinking driving, etc. and demanded the preparation of a circumstantial report from the head of the police station in Seoul Southern-gu to the head of the police station, the Defendant: (a) stated that he/she was C; and (b) stated the “C” in the name column of the driver’s circumstantial report presented by the said head of the police station; and (c) signed the written circumstantial report on drinking drivers.

Accordingly, the defendant, with the intention of exercising authority, forged C’s circumstantial report on the owner-user in the name of C, which is a private document concerning a certificate of fact.

B. As a person, the Defendant: (a) discovered suspicion of drinking driving, etc. at a time, place, etc. at the Seoul Southern Police Station; and (b) demanded the preparation of a person with respect to the operation without registration from B, which belongs to the Seoul Southern Police Station; (c) stated the name and resident registration number of C, and the fact that he/she violated the Motor Vehicle Management Act in the letter of the person he/she proposed by B as C; and (d) stated the name and the resident registration number, and the Motor Vehicle Management Act

This is the defendant.