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(영문) 부산지방법원 2015.02.06 2014고단9774

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 6, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Busan District Court on May 6, 2008; on September 1, 2008, a fine of one million won for a violation of the Road Traffic Act; on July 1, 2009, a fine of two million won for a violation of the Road Traffic Act at the Seoul East East District Court on July 1, 2009; on July 22, 2009, the Defendant was sentenced to a suspension of the execution of four months for a violation of the Road Traffic Act at the Busan District Court on March 28, 2014; and on October 13, 2014, the Defendant was sentenced to a imprisonment of eight months for a violation of the Road Traffic Act at the Busan District Court on March 28, 2014.

1. On November 21, 2014, the Defendant, without obtaining a driver’s license, driven a B-L car at a section of approximately 350 meters from the Handong Apartment-dong apartment in Busan to the front road of the Taecheon-dong Korean University in Busan, Busan, under the influence of alcohol at a level of about 0.114% of alcohol level on November 21, 2014.

Accordingly, the Defendant, who was punished by driving a motor vehicle under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

2. On November 21, 2011:35, 201.21:35, the Defendant forged private document; the Defendant: (a) prepared a report on the circumstantial situation of the driver; and (b) demanded the signature of the Defendant on the front of the Seocheon-dong University of Hongcheon-dong, Busan; and (c) stated the Defendant’s name in the column of the driver’s name as “C” in the said report; (b) forged the column of the driver’s name in the report on the circumstantial condition of the driver’s statement under the name C, a private document pertaining to the certification of facts, and displayed it to police officers who may know of the fact as if the said private document was duly formed.

3. The Defendant of a preliminary recording, a false recording, and an electronic recording event is the date and time set forth in paragraph 2, and at a place specified in paragraph 2, against the above C by a police officer using a portable information device (PDA).

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