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(영문) 광주지방법원 2021.02.04 2020고단4164

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence 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 November 8, 2018, the Defendant, while under the influence of alcohol leveling 0.076% from blood alcohol leveling around 22:45 on November 22:3, 2018, driven a vehicle B 300-C at the 2km section from the front of a mutually influent restaurant located in the Songdong-gu, Gwangju to the roads front of the new sub-section 1124-25 at the same time.

2. The Defendant’s unlawful uttering of official document presented as if the Defendant had completed the driver’s license in the name of C issued by the Commissioner of the Korean National Police Agency at the remaining local police station before he was in possession of a demand from the police officer for presentation of a driver’s license for

Accordingly, the defendant did not exercise his driver's license under C, an official document.

3. The Defendant: (a) prepared a written statement on the circumstances of the department D department in the Gwangju Mine Police Station D department, at the above date, at the above location; and (b) demanded the Defendant to enter the content in the “ driver’s opinion statement”; and (c) submitted C’s name in the “name” column with a signature affixed thereon.

Accordingly, for the purpose of uttering, the defendant's statement in the circumstances of the driver's driver in C, who is a private document without authority, is a document with respect to the construction work (a document with respect to the records of the driver's opinion) and the part of his opinion is a private document.

B/L was forged, and was submitted to E/L to be aware of the circumstances.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Consent to blood collection and written confirmation;

1. A written appraisal of alcohol during blood;

1. A report on the detection of a driver employed in the main place (Evidence No. 12);

1. Entry in the circumstantial statement of the driver to be placed and the application of the existing Acts and subordinate statutes;

1. Article 148-2 Subparag. 3 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 230 of the Criminal Act (abstinence of official document) regarding criminal facts; Article 230 of the Criminal Act.