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(영문) 부산지방법원 동부지원 2018.06.04 2018고단607
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On February 27, 2018, the Defendant driven a C rocketing car under the influence of alcohol content of about 0.101% at a distance of about 200 meters to the front road of a rooftop church located in the same Eup/Myeon, located in the Eup/Myeon of Busan, without obtaining a driver’s license for a motor vehicle on February 27, 2018.

2. The Defendant forged the signature of the company and signed the investigation of the above investigation was found to have been drunkly driven at the same time and place as Paragraph 1 of the same Article, and the Defendant stated that there was no personal identification card from D in the situation where the Busan police station was affiliated with the Busan police station, and that there was no personal identification card to verify the personal information, and the Defendant was a pro-friendly E resident registration number of the Defendant who was out of

Accordingly, the Defendant, who was requested to sign the confirmation driver’s signature in the column of the confirmation driver’s signature as to the result of regulating drinking driving of a portable police device (PDA) prepared by D, signed electronically on the front page of the above device, as if he was the signature of E, and used by the same method as if he was the driver’s statement column at the bottom of the driver’s statement report at the bottom of the State driver’s circumstantial report, forged the signature of another for the purpose of exercising the signature as if he was the signature of E, and presented it to the above D who was aware of the fact that the forged signature was duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving, and inquiries about licenses;

1. Family relation certificate;

1. Application of Acts and subordinate statutes to each investigation report (report on the change of driver, etc. and cancellation of entrance);

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking alcohol), Article 152 subparagraph 1, and Article 43 (the point of unauthorized Driver's License) of the Traffic Act concerning the facts constituting an offense, and Articles 239 (2) and 239 (1) of the Criminal Act (the point of signing a private signature and signing a private signature) of the same Act;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes ( between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving).

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