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(영문) 의정부지방법원 2020.05.29 2019고단5637
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

The defendant is a person who has been issued a summary order of a fine of KRW 4 million at the Jung-gu District Court on January 31, 2019 due to a violation of the Road Traffic Act, etc.

【Criminal Facts】

1. On July 5, 2019, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) on or around July 21, 2019. On the same day, the Defendant driven CK 3 automobiles under the influence of alcohol content of 0.058% prior to a bus terminal at the same Eup/Myeon-ro 51 in the street from a windowdy fluoring parking lot in Pyeongtaek-gun B to the same Eup/Myeon-ro, thereby violating the prohibition of drunk driving under Article 44(1) of the Road Traffic Act not less than twice.

2. When the Defendant, at the time and time set forth in paragraph (1), was asked to respond to the measurement of drinking due to the fact that the Defendant carried a drunk driving at a place specified in paragraph (1), the Defendant signed the “Notification of the Control of Drinking Driving Regulations” on a personal portable device (PDA) connected to the Transport and Police Computer Network without authority for the purpose of uttering and forged the F’s signature, and presented the forged signature to E, who is aware of the forgery.

3. The Defendant is indicated as “E” in the indictment in the process of regulating drunk driving, but according to the evidence, this appears to be a clerical error in “Assistant G” and thus, is corrected accordingly.

Based on the Defendant’s statement, “The circumstantial statement of a driver” prepared by writing the F’s name, resident registration number, etc. and presenting “the circumstantial statement of the driver” without authority, and without authority written “F” in the “the statement of the driver’s opinion” column, signed by him/her, and forged “the circumstantial statement of the driver’s identity” in the name of F, which is a private document related to the certification of fact, and is same as G 1 who knows that the forged document is forged.

this shall be presented to it.

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