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(영문) 대구지방법원 경주지원 2017.04.28 2016고단828

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On February 26, 2010, the Defendant was sentenced to a fine of KRW 2 million due to a violation of road traffic law (drinking) in the Daegu District Court racing support, etc. on October 8, 2015, and a fine of KRW 4 million due to a violation of road traffic law (drinking) in the Daegu District Court racing support, etc. on September 29, 2016. On September 29, 2016, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for a violation of road traffic law (drawing without a license). The judgment became final and conclusive on October 7, 2016.

[Criminal facts]

1. Notwithstanding the fact that the Defendant had been punished twice or more as above, on May 12, 2016, the Defendant driven C and C cargo with alcohol content of 0.21% under the influence of alcohol content at the 0.21% without a vehicle driver’s license on the roads front of the Dongcheon-dong National Land Information Corporation of the Republic of Korea on May 12, 2016.

2. During the process of preparing a state driver’s circumstantial report by driving alcohol and driving without a license at the location specified in paragraph 1 at the same time, the Defendant arbitrarily signed the name and resident registration number of F, and signed the driver’s column on the same page, and then delivered the same to E, who is aware of the forgery.

Accordingly, for the purpose of uttering, the Defendant forged a copy of the State driver's circumstantial report, which is a private document under F, and exercised it.

3. The defendant at the time, time, and place specified in paragraph 1, such as electronic records, and electronic records of the above writers, enter personal information and drinking results into the above F F's personal information and drinking results in the notice of the results of drinking driving control by accessing the above E's personal portable sign (PDA), and show them to the defendant, and the defendant shall issue an electronic order to the driver's confirmation column through the above device, and present them to the above E to the above E, and send them to the traffic police computer network on the job.