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(영문) 서울중앙지방법원 2017.09.08 2017고단3872

공문서부정행사등

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

Reasons

Punishment of the crime

[criminal history] On March 6, 2015, the Defendant was issued a summary order of KRW 1.5 million for a violation of road traffic law (drinking driving), and on January 6, 2016, the Defendant was issued a summary order of KRW 2.5 million for a violation of road traffic law (drinking driving) at the Goyang Branch of the Jung-gu Seoul District Court. On February 18, 2016, the Defendant was issued a summary order of KRW 5 million for a violation of road traffic law (drinking driving) at the Seoul Central District Court.

[Criminal facts]

1. On December 24, 2016, the Defendant was driving a mixed-use air sign car under the influence of alcohol content of about 0.104% while under the influence of alcohol, without obtaining a driver’s license, from approximately 400 meters from the 400-meter radius to the front road of the exit 605-ro, Gangnam-gu, Seoul, which is located at the 645-ro, Gangnam-gu, Gangnam-gu, Seoul.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

2. At the time of paragraph 1, the Defendant was required to submit a driver’s license to the police station D affiliated with the Gangnam-gu Seoul Metropolitan Police Station D while driving the same mixed car without obtaining a driver’s license as above on the road front of the 2nd week of the 605-ro, Gangnam-gu, Seoul, Seoul.

This paper suggested that the defendant F's resident registration certificate under the name of the Goyang market, which is an official document in possession, was completed as if the defendant was the resident registration certificate of the defendant.

Accordingly, the defendant did not use official documents.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of the crackdown on the driving of drinking, the records of the measurement of drinking, and the circumstantial statement of the driver;

1. A protocol of seizure and a list of seizure;

1. The defendant's birth F.