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(영문) 청주지방법원충주지원 2020.08.14 2020고단345
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. Around 14:51 on May 16, 2020, the Defendant driven a DNA rocketing vehicle with the blood alcohol concentration of about 0.05 % from the section of approximately 6.5 km from the front of the Chungcheong City B to the front of the said City C at the same time.

2. The Defendant’s unlawful uttering of official documents presented the Defendant’s pro-friendly G resident registration certificate as one of his resident registration certificates and presented it as if he were his resident registration certificate, which was discovered by drinking driving at the same time and place as above paragraph (1).

3. The Defendant forged the Defendant’s pro-friendly G name and signature by means of entering the Defendant’s name and signing in the lower part’s statement in the column for the statement of the driver’s opinion at the time and at the same place as in the foregoing paragraph (1) and stating the purport of recognizing the fact of drunk driving and the result of the measurement of alcohol by police officers in the E District Police Station of the Chungcheong Police Station.

4. The Defendant, at the same time and place as set forth in paragraph (1) above, exercised the signature forged as if the signature of the “report on the circumstantial statement of a drinking driver” was duly formed, on the same day and at the same place as set forth in paragraph (1) above, to the Haju Police Station E District Police Station E Districtman who knew of the forged fact.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, police seizure records, and seizure lists;

1. Article 148-2(3)3 and Article 44(1) of the Road Traffic Act (the point of sound driving), Article 230 of the Criminal Act, Article 239 of the Criminal Act.

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