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(영문) 의정부지방법원 고양지원 2014.10.24 2014고단1126
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 January 27, 2014, at around 13:55, the Defendant violated the Road Traffic Act and the Guarantee of Automobile Accident Compensation Act, driving a DNA car owned by the Defendant, which was not covered by mandatory insurance, under the influence of alcohol content of 0.05%, from the Defendant’s house in Pakistan to the front day of the same e-mail, from the Defendant’s house in Pakistan.

2. When the Defendant, at the time and place specified in the above paragraph (1), controlled the suspicion of drunk driving as above, the Defendant: (a) franched that he had been out of his resident registration number E; (b) f, a traffic officer, took the place as he had himself as E; and (c) f, using the test color pen on the site of the Main Drivers’ circumstantial report stating “E” in his name column and the resident registration number column E in his resident registration number column, and submitted it to F as if he was a document duly formed with the driver’s name column, using the test color pen.

Accordingly, for the purpose of uttering, the Defendant forged one copy of the C’s circumstantial report in the name of E, which is a private document concerning a certificate of fact, and submitted it to H to know of the forgery.

3. The Defendant, at the time and place specified in the foregoing paragraph 2, signed by the police officer F on the side of the notification of the result of the drinking driving control of a portable information terminal (PDA) prepared and presented by the police officer F for such reasons, and forged E’s signature for the purpose of uttering, and submitted to F a notice of the results of the drinking driving control indicating a forged signature to F without knowledge of the fact.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the point of driving and the choice of imprisonment);

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