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(영문) 서울동부지방법원 2015.04.02 2014고단456
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, the fine shall be 100.

Reasons

Punishment of the crime

1. On September 23, 2013, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) and the Guarantee of Automobile Accident Compensation Act, the Defendant driven a stone-free 100cc-clobane with no number plate that is not covered by mandatory insurance in the 7km section of Seoul, Seongdong-gu, Seoul, in the state of being under the influence of alcohol by 0.145% of blood alcohol content without a motorcycle driver’s license.

2. On September 23, 2013, around 00:43, the Defendant: (a) discovered a drunk driving as described in paragraph (1) from the slope C belonging to the Seoul Seongbuk-gu Seoul Seongbuk-gu Police Station that is under influence of drinking on the front of the road; (b) demanded the driver to sign the vehicle operation statement and the driver’s signature on the vehicle operation statement; (c) at the bottom of each of the above documents, the Defendant stated “D” as the Defendant’s pro-friendly name in the “road confirmation” column, and then sent it to a slope C, who is aware of the fact, as if it was duly formed.

Accordingly, the Defendant, for the purpose of exercising, forged the “Driver’s confirmation” column in the above D, which is part of private documents pertaining to the certificate of fact among the vehicle operation statement and the report on the status of the driver, and subsequently exercised it.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Statement of vehicle operation;

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. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2, Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 231 of the Criminal Act concerning criminal facts.

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