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(영문) 인천지방법원 부천지원 2012.12.28 2012고단1690
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 August 22, 2012, the Defendant violated the Road Traffic Act (driving a sound driving) on August 7, 2012, the Defendant driven B-low-income vehicle under the influence of alcohol with a blood alcohol content of about 0.060% from the 2km section from the front of a mutually influent restaurant in the Yang-si, Yangpo-si, Kimpo-si to the front of the old-gu fishing place located in the same Ri.

2. The Defendant’s unlawful uttering of official documents was controlled by drinking driving on the front of the old fishing place in front of the old fishing place, and was demanded to present his driver’s license from C police officers belonging to the Kimpo Police Station.

As the defendant is likely to be punished for drunk driving, the defendant presented D's driver's license in the name of public document issued by the Commissioner of the Incheon Local Police Agency, which is a public document in the above car, as the defendant's driver's license.

3. The Defendant: (a) committed the act of forging a private signature; (b) took place at the same time and place as in the foregoing paragraph (2); and (c) took a drinking test; (c) forged the signature of another person in the column for identifying the driver of the report on detection of the driver of the PDA without authority; and (d) delivered the forged signature to the above C policeman, who is unaware of the fact, as if the signature was duly concluded, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. PDA launch report;

1. Application of investigation reports (general Acts and subordinate statutes);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 230 of the Criminal Act (the point of non-exercise of official document, the choice of imprisonment), Article 239 (1) of the Criminal Act (the point of private signature) and Article 239 (2) and (1) of the Criminal Act (the point of exercising the right to make a false investigation signature);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The fact that Article 62(1) of the Criminal Code is contrary to the suspended sentence, that there is no record of drinking driving, and that the level of drinking alcohol is not high.

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