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(영문) 서울서부지방법원 2017.08.17 2017고단803
도로교통법위반(음주운전)등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a B lele-car.

1. On January 08, 2017, the Defendant was under the influence of a violation of the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (dimplicing driving) on or around 04:38, the Defendant driven the said vehicle at a distance of about seven kilometers from the area near the Gangnam-gu Chyeong apartment at about 0.135% alcohol level in blood while under the influence of a vehicle without a driver’s license to drive the said vehicle.

2. The Defendant violated the Resident Registration Act at around 04:50 on January 08, 2017, the Defendant was under control as described in paragraph 1. On the front of Yongsan-gu Seoul, Yongsan-gu Seoul, and was placed with an identification card for hiding the fact of driving without obtaining a license from E after receiving a request for presentation of a license from the police officer affiliated with the Seoul Yongsan-gu Police Station D police station D, Seoul.

At the same time, the defendant's resident registration number and address F of the defendant's friendly job offering F was known in advance.

In this respect, the defendant used another person's resident registration number unlawfully.

3. Around 04:50 on January 08, 2017, the Defendant: (a) controlled on the road in front of Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) measured drinking to a drinking measuring instrument; and (c) signed the “F” on the side of the driver of the notification letter of the results of the drinking control prepared by the police officer affiliated with the Seoul Yongsan-gu Police Station D police box by entering the personal information of the F, which the Defendant was unsatisfed by using the PDA short terminal; (d) signed the “F” on the side of the driver of the notification letter of the drinking control; and (e) interfered with the police officer without knowledge of such circumstances.

Accordingly, the defendant forged another person's signature without authority and exercised it for the purpose of exercising the right.

4. On January 08, 2017, the Defendant who forged a private document and carried out the said investigation document is indicated in the indictment as “report on the detection of the driver at the State” in the Defendant’s circumstantial statement report at the Yongsan-gu Seoul Metropolitan Police Station D box, Yongsan-gu, Seoul, while carrying out the Defendant’s friendly F’s criminal administration. However, this is obvious that it is a clerical error in the “report on the circumstantial statement of the driver at the State” (which means 10 pages of the evidence record), and it is corrected without modification to the indictment.

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