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(영문) 서울중앙지방법원 2015.01.30 2014고단9931

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

1. Around November 17, 2014, the Defendant was under the influence of alcohol by 0.169% in blood alcohol concentration from the vicinity of the Ganpo-dong, Gangnam-gu, Seoul to the vicinity of the Ganpo-dong, Seoul at around 23:45 minutes in November 17, 2014, and driving a BM3 vehicle without a driver’s license.

2. On November 17, 2014, the Defendant: (a) around 23:45, at around 23:45, issued a request to present an identification card from the relevant slopeD of a police box sent to the scene as a traffic accident; and (b) presented the Defendant’s resident registration certificate of E, a towing workplace employee, who was in possession, as the Defendant’s resident registration certificate, as the Defendant’s resident registration certificate.

3. Forgery of private signature, and the use of a false investigation or signature;

A. At around 00:00 on November 18, 2014, the Defendant entered the name column of the driver’s report on the circumstantial statement of the driver, prepared by the said slopeD in the vicinity of the front entrance zone, as he/she was, in his/her name as he/she was, and thereafter submitted to D a forged signature, and subsequently submitted it to D.

B. On November 18, 2014, the Defendant filed a report on detection of a primary driver with the name of E written in the column of driver of the report on detection of a primary driver, which was prepared by the Inspector F in the Transportation Survey System of the Suwon Police Station located in Gangnam-gu Seoul, Gangnam-gu, Seoul, as of November 18, 2014, submitted to F a forged signature on the next side, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. Each host driver report;

1. The circumstantial statement of the employee;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 230 of the Criminal Act, Article 239 (1) and (2) of the Criminal Act concerning facts constituting an offense (the occupation of forging and exercising a private signature);

1. Trade name;