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(영문) 전주지방법원 남원지원 2015.12.22 2015고단264
사전자기록등위작등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On March 22, 2012, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violation of the Road Traffic Act in the Southern District Court of the Jeonju on March 22, 2012, and was sentenced to six months of imprisonment for a crime of violation of the Road Traffic Act at the Jeonju District Court of Gwangju on September 28, 2012, and the said sentence became final and conclusive on December 13, 2012, and completed the execution of the said sentence on August 30, 2013.

【Criminal Facts】

1. On September 20, 2015, the Defendant: (a) driven a FK7 vehicle while under the influence of alcohol by 0.120% at a distance of about 3 km from the Do in front of the “Magman-dong” road located in the Namwon-si Do; and (b) from the Do in front of the “Magman-dong” road located in the same city, the Defendant driven a FK7 vehicle while under the influence of alcohol by 0.120%.

2. On September 20, 2015, on September 20, 2015, the Defendant forged a special media record, such as an electronic record of certification of facts, to the effect that the Defendant, without authority, signed the Defendant’s birth name “I” in the name column of the notification on the result of the crackdown on drinking driving with the intent to obstruct the management of business affairs of a person who was requested by a slope H to prepare a notification of the result of the control of drinking driving of a mobile device within the G District in the Southern-si Police Station in the Southern-si Seoul Special Metropolitan City, Seoul Special Metropolitan City.

3. The Defendant, at the time, at the time, and place specified in Paragraph 2, issued a notice of the result of the crackdown on drunk driving in the name of the Defendant, as if it were duly formed, to a slope H, who is unaware of that fact.

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. A report on internal investigation (on-site photographing) (each fact set forth in subparagraphs 2 and 3 at the time of printing);

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control (I);

1. A report filed by a host driver on detection of a sign;

1. An investigation report (with respect to signature of a report on detection of drunk driving).

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