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(영문) 인천지방법원 2016.09.07 2016고단880
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 04:00 on December 21, 2015, the Defendant driving a Datobb in the state of under the influence of alcohol content of about 0.169% from the 1km section of approximately 1km to the road front of a restaurant restaurant located in Seo-gu Incheon Metropolitan City, Seo-gu at around 04:08 on the same day.

2. The Defendant: (a) the date and time, time, and place specified in Paragraph (1) of this Article; (b) the police officer, who was a police officer in charge of regulation, stated the personal information of F in order to issue a notice of the results of drinking driving control after drinking alcohol measurement to the Defendant; and (c) the police officer, who misleads the Defendant into such fact by accessing the traffic information network to the police TPPA to enter the F’s personal information and results of measurement into the notification of the results of drinking driving control; and (d) after ascertaining the contents of the entry as above, entered the electronic records of other person’s electronic records, etc. as to the certificate, by signing the electronic records on the aforesaid device, signed the electronic records on the “F”; (c) subsequently, the Defendant exercised the aforesaid written prior records by having E police officer check the driver column of the notification of the results of drinking driving control, which is the prior records, sent the driver column of the notification

3. For the purpose of uttering at the time and place specified in paragraph (1), the Defendant forged a private document regarding the certification of facts by using a black camera to write “F” on the written report on the statement of the driver of the driver of the driver’s office, with the intention of uttering at the place specified in paragraph (1), and by using the Defendant’s seal, and used it by submitting the written report on the statement of the driver’s office, which is a forged private document, to E, a crackdown police officer who knows the forgery.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver (No. 7 in the evidence list);

1. Each entry of the circumstantial statement of a drinking driver, each entry of the notification of the results of the drinking driving control, and the application of the existing laws and regulations.

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