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(영문) 광주지방법원 2013.10.10 2013고단3860

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. On July 5, 2013, the Defendant was under the influence of alcohol with a blood alcohol content of 0.15% at around 23:15 on July 5, 2013, and the Defendant was under the influence of alcohol with a blood alcohol content of 0.156% at around 300 meters from the 300-meter radius from the 4th head of Gwangju Mine-dong to the front of GSkknex in the same Dong.

2. On July 5, 2013, at around 23:15, the Defendant: (a) controlled the suspicion of drinking and unlicensed driving as above in the GSknex located in Suwon-dong, Gwangju, Gwangju, the Defendant: (b) followed C as the Defendant-friendly type D; (c) followed C as the Defendant-friendly type D; and (d) submitted a written report stating “D” in the name column, resident registration number column, “E” in the resident registration number column, using an authorized color pen; and (d) submitted as if the document was the document duly formed with the Defendant, stating “D” and the driver’s name as “D” and “D” in the driver’s name column.

Accordingly, the defendant, for the purpose of uttering, forged a copy of a report on the circumstantial statement of the driver of the state in the name of D, which is a private document related to the certification of facts, and submitted it to C who is aware of the forgery.

3. The Defendant, at the time and place specified in the foregoing paragraph 2, signed a letter of the result of the drinking driving control by using a PDA package (PDA) sign on the side signature column written by the police officer C of the portable information terminal (PDA) that was prepared and presented by the police officer C with the foregoing background, and forged D’s signature for the purpose of exercising, and submitted it on the screen of the notice of the result of the drinking driving control with a forged signature affixed to C who is aware of the fact.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Notification of the results of the drinking driving control;

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