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(영문) 인천지방법원 2017.07.20 2017고단1940
공문서부정행사등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 23, 2016, the Defendant was required to submit an identification card on the grounds that he was exposed to C’s patrol box No. 61 to D, who was suspected of illegal internship, while driving his vehicle at the front of the Yandong-dong, Nam-gu, Incheon Metropolitan City.

Defendant was in possession of the police officer confirming such status as above;

By presenting the driver's license in the name of E, the official document was used unlawfully.

B. On October 23, 2016, the Defendant was under the influence of alcohol 0.067% in a section of approximately 1.6km from the area near the rock station in Bupyeong-gu, Incheon to the front road in the Southern-dong-gu, Namdong-gu, Seoul, and the Defendant driven B New-gu Man-man vehicle under the influence of alcohol 0.067% in alcohol level.

(c)

In violation of the Guarantee of Automobile Damage Compensation Act, the Defendant is the owner of the first vehicle B new vehicle.

In order for the owner of a vehicle to operate the vehicle on the road, the owner of the vehicle did not purchase mandatory insurance on October 23, 2016, but operated the vehicle on the road in front of the Incheon Southern-gu, Incheon, without purchasing mandatory insurance.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Inquiries into the circumstantial statement of the driver who is placed in driving, inquiry into the results of crackdown on drinking driving, the driver's license ledger, inquiry into the vehicle register, and mandatory insurance;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense, Article 230 of the Criminal Act of the choice of punishment (a point of uttering of official document), Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (a point of drinking), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and each choice of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. A person driving a motor vehicle again within a repeated offense period due to the driving of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, etc. of the Criminal Procedure Act, and a police officer.

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