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(영문) 인천지방법원 부천지원 2013.03.29 2012고합442
도로교통법위반(음주측정거부)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. Violation of the Road Traffic Act (Refusal of the measurement of drinking level) on November 23, 2012, the Defendant failed to comply with a police officer’s request for the measurement of drinking level without justifiable grounds, even though there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as smelling, smelling, and putting on face, while driving a B Kanon car and driving on the road in front of 531-9, Dong-gu, Seocheon-si, Seocheon-si, Seocheon-si, Nowon-si, the traffic control division belonging to the traffic control division of the Busan, Seo-do Police Station, which controls drinking driving at the same time, and driving under the influence of alcohol.

2. In order to exercise the right to ask the above C to sign and seal on the report on the actual state of the driver at the above time and place of display of the private document, the Defendant forged the statement on the actual state of the driver at the driver at the driver’s license without authority, which is a private document related to the certificate of fact, by stating the “D” as “D,” and, in other words, presented the forged statement on the actual state of the driver’s license to the above C at the above time and place.

3. On November 8, 2012, around 01:15, the Defendant: (a) under investigation, at the transportation survey team of the Busan intended Police Station, the Defendant forged D’s signature by stating that he/she was “D” in the column of the statement of the suspect interrogation protocol prepared by the slope E without authority, with the purpose of exercising the investigation that he/she did not respond to the measurement of drinking, as stated in the foregoing 1., and (b) presented the forged signature at the seat to the above E, namely, a false signature.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, circumstantial statements, and the report on the situation of drinking drivers;

1. Each description of the statement of the master driver, status quo statement (No. 44 of the evidence record), suspect interrogation protocol (Evidence No. 57 of the evidence record) and their existence;

1. Application of Acts and subordinate statutes concerning rejection of measurement;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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