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(영문) 인천지방법원 2014.07.21 2014고단3359

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 26, 2014, the Defendant was under the influence of alcohol with blood alcohol content of 0.083% without a vehicle driver’s license on March 21, 2014, the Defendant driven a Bice vehicle between approximately 700 meters from the front day of the restaurant in Jung-gu Incheon, Jung-gu, Incheon, while driving a vehicle with alcohol content of 0.083%.

2. The Defendant, at the same time and time, requested to make a statement of personal information from C by the superintendent of the traffic safety division of the Incheon Central Police Station in front of the Seoul Central Police Station, on the roads of the aforesaid So-called "Seoul Central Police Station," and the name and resident registration number of pro-friendly D in the inquiry report stating D’s personal information, for the purpose of exercising the right, signed or sealed each of the “driver” and the “installer” of the report on de facto statement of the PP driver, and delivered it to the above C immediately without any authority.

As a result, the defendant, who is a private document related to the certification of facts, has forged the driver's column of the drinking driving control report in the name of D and the maker's column of the report on the situation of the drinking driver.

3. The Defendant violated the Resident Registration Act by illegally using another person’s resident registration number on the same date, at the same place, and at the same time and place, who was discovered by drinking driving and demanded confirmation of the resident registration number by the above superintendent C, and the pro-friendly D who was memoryed before and was said to be his resident registration number.

Summary of Evidence

1. Defendant's legal statement;

1. C Inspector for control;

1. Application of Acts and subordinate statutes to reports on the results of the control of drinking driving, reports on the state of drinking drivers, the register of driver's licenses, and reports on the state of drinking drivers;

1. Relevant law concerning criminal facts, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;