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(영문) 창원지방법원 2014.02.04 2013고단2057
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. On June 23, 2013, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.129% by a vehicle driving license at around 22:50 on June 23, 2013, and the Defendant driven C stifle-man car at the section of approximately one kilometer from the road located in the luxan lux of the Kim Sea to the front road of the monthly middle school located in the same side.

2. When the Defendant, at the time and time set forth in the preceding paragraph, was subject to a drinking test using a respiratory tester by a police officer who was under the influence of alcohol on the roads front of the Busan Middle School, the Defendant was confirmed to have driven under the influence of alcohol during that process, and the Defendant demanded the above police officer to present his identification card, the Defendant presented D’s driver’s license held at the time to the above police officer.

Accordingly, the defendant denied D's driver's license, which is an official document.

3. The Defendant presented D’s driver’s license to the above police officer at the time and place specified in the preceding paragraph, and the police officer stated D’s personal information, etc. in D’s report and the statement of D’s status on P’s driving, etc.

After diving, the Defendant received the above documents from the police officer, entered “D” in the driver’s name column, and affixed a seal on the side of the documents.

Accordingly, the Defendant, for the purpose of exercising authority, forged the report on detection of the owner driver under D, which is a private document related to a certificate of fact, and the report on the circumstantial statement of the owner driver, respectively, and submitted the forged documents to the police officer in charge who was unaware of the circumstances.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Report on detection of a host driver (D) and report on the circumstantial statement of a host driver (D);

1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

1. Criminal facts;

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