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(영문) 서울중앙지방법원 2013.07.26 2013고단1260
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On December 12, 2012, the Defendant was under the influence of alcohol with a blood alcohol level of 0.194% at around 00:34, the Defendant, at around 00:34, driving of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license), and the Defendant driven the CA car at approximately 1.4 km from the roads near the Dongdaemun-gu Seoul Jongno-do, where it is impossible to identify whether the Seoul Jongno-gu is spreading.

2. The Defendant, at the same time and time as in the preceding paragraph, was exposed to the drinking control at the above far distance, and the Defendant forged another person’s signature on the screen of a portable information terminal that requires the police officer’s signature without authority for the purpose of exercising his/her authority by making the signature of the other person as if he/she were D.

The Defendant continued to use the above signature at the same time and at the same place as the above, and exercised it by having a slope E belonging to the Seoul Hypo Police Station, a traffic safety police officer, process the above signature electronically.

3. The Defendant forged a private document, at the same time, at the same place as in the preceding paragraph, and at the same time, at a place as in the foregoing paragraph, and without authority, forged the pertinent part of the report, which is a private document concerning the certification of facts, by entering D’s name in the column of the driver’s report on the state-owned driver’s statement demanding the police officer to sign and seal, and signing on the name following D’s name.

On the same date, at the same place, the Defendant continued to submit and exercise the report to the assistant E belonging to the Seoul beneficiary Police Agency, the Seoul beneficiary, as if the report on the statement of the status of the driver was duly established.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A report on the actual state of the driver;

1. A report on detection of a host driver;

1. Application of the statutes on the register of driver's licenses;

1. Criminal facts;

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