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(영문) 의정부지방법원 2014.04.25 2014고단652
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, 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. On November 21, 2013, around 23:32, 2013, the Defendant driven a B K7 car with a blood alcohol concentration of about 0.075% in the section of approximately 1km from the vicinity of the Dongdaemun-gu, Dongdaemun-gu, Seoul to the road in front of the 464-dong, Dongdaemun-gu, Seoul.

2. On November 21, 2013, around 23:32, 2013, the Defendant discovered while drinking and measured alcohol on the road in front of 464, Dongdaemun-gu Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul, as described in paragraph (1), and had the Defendant affix his/her name and resident number who was requested by the patrol police officer C to obtain personal information from the patrol police officer, and then had the Defendant affix his/her signature on the PDA (personal information device) where the patrol officer stated it.

The Defendant, without authority, affixed a digital signature as if he were D on the D’s name on the screen of the above PDA without authority for the purpose of driving as D, and returned the above PDA, which is written with the digital signature, to Police Officer C who was unaware of the circumstances.

Accordingly, the defendant forged the signature of the D, and exercised the forged private signature.

3. The Defendant stated “D” in the name column as stated in paragraph (2), at the time and place, that “I, as a person subject to suspension of license, confirm that the above contents were identical to the facts, and sign the notification that I would be able to collect blood if they were unfair,” the Defendant stated “I,” in the name column, stated “I,” and read “I, as a person subject to suspension of license, do not know that I would be able to collect blood,” and then, I returned the said written report on the circumstances of Irh driver to C without knowledge of the circumstances.

Accordingly, for the purpose of uttering, the Defendant forged a copy of the report on the statement of the state of the driver, which includes the portion of the private document in the name of D related to the certification of facts, and used the forged private document.

4. The Defendant around December 6, 2013 is Dongdaemun-gu Seoul Dongdaemun-gu.

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