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(영문) 인천지방법원 부천지원 2018.08.30 2018고단1607

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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 March 16, 2017, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving on January 5, 2017) by the Seoul Southern District Court (drinking driving on January 5, 2017). On June 25, 2018, the Defendant was indicted for a violation of the Road Traffic Act (drinking driving on April 25, 2018) with a summary order of KRW 2 million at the Incheon District Court on July 26, 2018.

On June 2, 2018, the Defendant was under the influence of alcohol level of 0.106% during the blood transfusion around 05:25 on June 2, 2018, and the Defendant was driving a f-to-pur-purd car from the Nelel in the upper dong of Busan City to the E hotel front of the E hotel located in Seocheon-si.

As a result, the Defendant, who has violated drinking two times or more, driven a motor vehicle under the influence of alcohol.

2. On June 2, 2018, the Defendant: (a) discovered by drinking alcohol driving on the E hotel front of the E hotel in Bupyeong-si, Bupyeong-si, B around 05:28 on June 2, 2018; and (b) discovered by drinking alcohol driving, the Defendant would be subject to aggravated punishment due to his/her ability to drive alcohol; (c) provided that he/she stated G’s personal information and the details of drinking alcohol in his/her statement in the circumstances of his/her driver in charge by giving him/her with his/her personal information and driving skills; and (d) notified him/her that his/her license is revoked due to drinking driving; and (e) notified him/her of blood gathering with recognizing the results of his/her blood gathering.

In the driver’s statement column stating “G”, the signature of “G” was written next to the driver’s statement, and submitted it to I as if it was duly formed.

Accordingly, for the purpose of exercising authority, the Defendant forged a driver’s statement of the circumstances of the driver in G under the name of G, which is a private document to prove the facts without authority, and exercised a driver’s statement of the circumstances of the driver in G, which is a forged private document.

Summary of Evidence

1. The defendant's person;