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(영문) 인천지방법원 2018.12.19 2018고단8160
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 August 22, 2008, the Defendant received a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court, on February 24, 2014, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 4 million for the same crime from the same court on at least two occasions, and was charged with summary charges due to a violation of the Road Traffic Act (licensed driving) in the same court on October 22, 2018.

[Criminal facts]

1. On November 3, 2018, the Defendant: (a) driven B-wing cars with alcohol concentration of 0.129% in blood without a driver’s license in the section of approximately 300 meters from the road front of the bridged in Gyeyang-gu Incheon Metropolitan City, Gyeyang-do to the road front of the Incheon Children’s Science Museum; (b) around 10:39 on November 3, 2018, while driving B-wing cars with alcohol concentration of 0.129% without a driver’s license.

2. The Defendant forged the signature of the company and signed the above investigation at the front of the Incheon Children's Science Museum on the road of the Incheon Children's Science Museum, had the police station belonging to the Gyeyang Police Station in Incheon Gyeyang-do, had the Defendant under the influence of drinking driving, had the Defendant committed so-called “D”, and had the Defendant forged another’s signature for the purpose of exercising the Defendant’s signature by signing it on the driver’s signature column of notification of the result of the control of drinking driving of a portable information terminal (PDA) presented by the above C, and exercised it by presenting the forged D’s signature to the above C as if the signature was genuine.

3. The Defendant, at the date, time, and place specified in Paragraph 2, has received a report on the circumstances of the driver’s license prepared by the above C to recognize the result of drinking alcohol, and without authority, stated that it is “D” in the driver’s sexual name column for the purpose of exercising the right, and forged one copy of the report on the circumstances of the driver’s license, which includes the driver’s certificate under the name of D, which is a private document pertaining to the verification of the Defendant’s personal seal affixed thereon, and forged as above.

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