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(영문) 서울동부지방법원 2015.02.05 2014고단3848
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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. Around 05:43 October 18, 2014, the Defendant was driving a DNA car in the state of alcohol alcohol concentration of about 0.108% from the front of the Gangdong-gu Seoul building B to the front of the Songpa-gu Seoul Metropolitan Government, while under the influence of alcohol concentration of about 3km from around 05:43.

2. The Defendant’s unlawful uttering of official document was discovered while driving under drinking on the front of Songpa-gu Seoul Metropolitan Government road at the time and time set forth in paragraph (1) and was demanded to present his driver’s license from the assistant E of the traffic safety department of the Seoul Songpa Police Station.

The defendant presented the F's driver's license under the name of the head of the Seoul Police Agency, which is an official document in possession, as if the defendant was the driver's license of the defendant.

Accordingly, the defendant did not use official documents.

3. The Defendant, at the time, at the time, and at the place specified in Paragraph 2, illegally exercised F’s driver’s license as above, and took place F’s license, entered the name of “F” in the driver’s column of the statement report on the circumstances of the driver, and signed on the next side.

Accordingly, the Defendant forged F’s signature for the purpose of exercising the right.

4. The Defendant at the time and place specified in Paragraph 2, and at the same time and place, issued to the said slope E a written circumstantial statement statement containing the forged F’s signature.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement made by the prosecution with respect to F;

1. Records and lists of police seizure;

1. Driver's license, report on the circumstantial statement of a drinking driver, and inquiry into the results of the drinking control trial;

1. Application of Acts and subordinate statutes to report on the state of running a motor vehicle on a motor vehicle;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 230 of the Criminal Act, Article 239 (1), Article 239 (2) and Article 239 (1) of the same Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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