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(영문) 창원지방법원 마산지원 2019.02.12 2018고단1115

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

1. Around September 23:25, 2018, the Defendant was driving a Clater under the influence of alcohol level of 0.054% without obtaining a driver’s license in a section of about 10km from the roads near Changwon-si to the roads in front of Changwon-si, Changwon-si, Mawon-si.

2. On September 3, 2018, the Defendant’s unlawful uttering of official document presented the Defendant’s resident registration certificate, and presented it as the Defendant’s resident registration certificate, and presented it to the Defendant’s resident registration certificate. On September 23:25, 2018, the Defendant was found to have driven under the influence of alcohol on the front of the B apartment on the roads of the Masan-si, Changwon-si, Busan District Police Station D, where he was working for drinking control, and was demanded by E to present identification card.

3. On September 20, 2018, the Defendant: (a) around 09:50 on September 20, 2018, at the G office of the Msan-dong Police Station G office located in Masan-gu, Masan-si, Masan-si, Masan-si, Masan-si; (b) under the process of being investigated as a drinking-driving case, the Defendant stated “F” in the “person who made a statement” and “a person who confirms” of the investigation process confirmation; and (c) carried a seal on his name and submitted it to H, respectively, to the police officer of the Msan-dong Police Station G who is aware of the fact.

Accordingly, for the purpose of exercising the right, the Defendant respectively forged the F's signature and exercised it respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each E statement;

1. Examination protocol of suspect;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 230 of the Criminal Act (the point of uttering of official document) and Article 239 of the Criminal Act for criminal facts, respectively.