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(영문) 인천지방법원 2013.11.29 2012고단10513
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On May 27, 201, the Defendant issued a summary order of a fine of KRW 3.5 million at the Seoul Central District Court on the grounds of a violation of the Road Traffic Act.

【Criminal Facts】

1. On September 12, 2012, at around 03:40 on September 12, 2012, the Defendant was driving a Bpote car with the blood alcohol concentration of at least 0.069%, without obtaining a driver’s license, on the front and rear-dong, Jung-gu, Incheon at around 04:08 on the same day, on the roads of a cafeteria located in the north-dong and west-dong, Jung-gu, Incheon.

2. On September 12, 2012, the Defendant: (a) on September 12, 2012, on the new high-speed road located in Seongbuk-dong, Jung-gu, Incheon, Jung-gu, Incheon; (b) was exposed to a slope C belonging to the Incheon Jung-gu Police Station that is under the influence of alcohol driving; (c) was requested to produce a driver’s license; and (d) signed a signature on the column for signature of the driver in charge of the control of drinking driving of a portable information device (PDA).

Accordingly, the defendant has forged the above D's signature without authority for the purpose of exercising his authority.

3. The Defendant: (a) entered the forged D’s signature into a portable Information Terminal (PDA) at the time, at the same time, and at the same place as the above 2. paragraph (2).

4. At the same time, at the same place as above 2.2. Paragraph 2., the Defendant thought that he had the slope C belonging to the Incheon Jung-gu Police Station, when drinking driving had been discovered, he had the name and resident registration number of D sent to the above police officer as if he was D. The Defendant marked D’s name and resident registration number to the above police officer, and marked D’s seal on the backer column of the report on the situation statement of the driver who was requested to affix his signature and seal from the above police officer, and marked the Defendant’s seal next to it.

Accordingly, the defendant has obtained a certificate of fact without authority for the purpose of exercising.

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