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(영문) 인천지방법원 2016.03.16 2015고단8164
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 22, 2015, the Defendant was under the influence of alcohol at 0.092% in blood without obtaining a driver’s license of a motor vehicle on October 22, 2015, and the Defendant driving B 40km from the 135 GS convenience shop in the 135 GS-gu, Sung-nam city to the front road of the video culture complex located in the 1st place.

2. The Defendant forged a private signature and signed the above investigation at the time and place specified in paragraph 1, and expressed his personal information, such as D’s resident registration number, if he was found to have been found to have been driving by drinking from C at the seat of the transportation department belonging to the transportation department of the Dongcheon-gu Police Station and demanded confirmation of identity.

The Defendant: (a) determined the Defendant as D; (b) connected the transportation police computer network to PDA, entered the personal information of D and the details of the violation, etc.; and (c) demanded the Defendant to sign by presenting the PDA to enter the driver’s signature in the driver’s signature column; (b) forged D’s signature without authority for the purpose of exercising an electronic signature “D” in the said PDA; and (c) presented it as if the signature was duly completed to the C Racing, who was aware of the forgery of the signature.

3. The Defendant forged a private document or exercised the aforesaid investigation document by entering “D” as “D” in the driver’s signature column in the situation report of the driver at the time and place specified in paragraph (1) and affixing a seal, thereby forging “the state driver’s circumstantial statement report” in the name of D pertaining to factual proof, and submitting the document as if it had been duly formed to the above C police officer who was aware of the forgery of the above private document.

Summary of Evidence

1. Statement by the defendant in court;

1. A C control manual;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses (A) and the report on detection of drivers;

1. Relevant provisions of the Act concerning facts constituting an offense;

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