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(영문) 인천지방법원 2013.11.14 2013고단4643

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for six months.

except that 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. On July 25, 2013, the Defendant driving a B Tracton car in the 1km section from the road in the upper east-dong, Gyeonggi-gu, Incheon, Busan, without a driving license, at around 01:05, the blood alcohol concentration of 0.139% while under the influence of alcohol at around 01:05 on July 25, 2013.

2. The Defendant’s unlawful uttering of official document was found at the same time and place as set forth in the preceding paragraph and exercised the official document by presenting D’s driver’s license under the name of the director of the Seoul Provincial Police Agency, which was an official document in his possession of the person who was requested to present his driver’s license by the superintendent of the Busan Central Police Agency.

3. On July 25, 2013, at around 01:33, 201: (a) the Defendant was investigated as a suspected of drunk driving at the office of the traffic safety department of the Incheon Samsan Police Station, and was punished by committing his/her friendly driving, the Defendant stated “D” in the name column of “driver” and “self” column of “voluntary driving agreement” as stated in the “B” and affixed his/her signature on the next side, and affixed his/her digital signature on the “D” column in the name column of the driver’s name on the PDA screen in the PDA screen as a result of the control of drunk driving.

Accordingly, the defendant, for the purpose of uttering, forged the driver's report on the statement of the status of the driver, which is a private document, and forged the electronic records in the name of D for the purpose of making administrative affairs smooth.

4. The time, time, and place specified in paragraph 3 above in the event of the uttering of the above investigation document and the uttering of the above electronic records, each of them was submitted or presented to the Gyeong, who was aware of the forgery, as above, as if the completion of the falsified documents and the record of the forged advance was duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Driving under the influence of alcohol;

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