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(영문) 광주지방법원 2021.02.04 2020고단6113
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[200 Highest 6113]

1. On April 6, 2016, the Defendant was issued a summary order of KRW 4 million due to a crime of violating the Road Traffic Act, etc. at the Gwangju District Court on April 6, 2016.

On October 31, 2020, the Defendant driven a horse-free car in approximately 300 meters from C B to D in the same Gu, while under the influence of alcohol content of 0.124% during blood without obtaining a driver's license on October 31, 2020.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

2. Upon receipt of a request for the preparation of a driver’s opinion column from G in the circumstances where the State driver’s statement belongs to the Seo-gu Police Station F of Gwangju Seo-gu, Gwangju, at the above date and place, the Defendant of the document forgery and the foregoing investigation event is required. “I have confirmed that the above information is true, have been notified that the license was cancelled due to driving at home and that blood was collected, and you do not want to do so.

Under the part described as “,” the driver’s sex name was arbitrarily signed in the driver’s sex column, and the operator presented it to G as if he had been duly formed.

As a result, the Defendant’s statement in the state of the driver’s circumstantial statement in H’s name, which is a private document on proof of facts for the purpose of exercising the right, is a document with respect to the work (public and private records) and the part of the statement among them is a private document.

B forged and exercised this.

3. The Defendant’s electronic records, such as the private electronic records, at the above date, at the above time, and at the above location, stated “A driver who is described as “a driver who confirms that the above fact is correct and write down,” in the inquiry of the results of crackdown on drinking driving entered into a portable information terminal (PDA) from the superintendent of the police station of the Gwangju Western Police Station.”

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