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(영문) 인천지방법원 2014.01.22 2013고단7759

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 10, 2010: (a) around 00:11, the Defendant driven a B rocketing car under the influence of alcohol concentration of 0.078% without a vehicle driver’s license, while under the influence of alcohol concentration of 0.078% from the Namdong-gu Incheon Metropolitan City to the front right of the military personnel charge station of the Shindong-dong Highway from the Namdong-gu, Incheon Metropolitan City to Sinungdong-dong.

2. Forgery of private documents and the display of private documents;

A. The Defendant was exposed to drinking at a temporary place, such as the above paragraph (1), and was voluntarily carried out in the office of the Incheon Regional Police Agency and the Highway patrol Team C, and measured drinking.

On March 3, 2012, the Defendant revoked a driver’s license and was in a state of non-license without permission. On April 20, 2012, the Defendant signed and sealed the Defendant’s “D” on the Defendant’s signature and seal on the letter of statement “W” in the letter of statement on the Highway Patrol Statement prepared by the police officer of the Highway Patrol in order to be exempted from arrest as a fine of KRW 3 million was imposed for the obstruction of performance of official duties as of July 28, 2012, and a fine of KRW 19.50,000,000,000.

Accordingly, for the purpose of exercising, the Defendant forged the report on the statement of the state of the state of the driver, which was made in the name D, a private document concerning the right, duty or certification of fact.

B. As above, the Defendant submitted a forged report on the statement of the state of his driver to the police officer assigned to the expressway patrol team who was aware of the forgery and exercised the report as if it was genuine.

3. Private signature, forgery, and uttering of a false investigation or signature;

A. On July 16, 2013, the Defendant appeared at the Transport Investigation Team at the Silung Police Station on July 20, 2013, and received an interrogation protocol in an electronic summary against the suspicion of drunk driving under the foregoing paragraph (1), and signed the confirmation column of various rights notification, the right to refuse to make a statement, the confirmation column of “the right to defense counsel”, and the statement column of “protein at the end of the protocol”, and the statement column of “a written confirmation of the investigation process” as the same student’s name.

Accordingly, the defendant has forged his signature in the name of D for the purpose of exercising.

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