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(영문) 부산지방법원 2020.07.22 2020고단1990
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On January 31, 2019, the Defendant received a summary order of a fine of KRW 3 million from the Busan District Court due to a violation of the Road Traffic Act.

【Criminal Facts】

1. On March 24, 2020, the Defendant: (a) on March 24, 2020, driven an Epoter vehicle under the influence of alcohol content of about 0.087% without obtaining a driver’s license from the area near Busan Jin-gu Btel in Busan to the front road located in the same Gu C; and (b) on March 24, 202, the Defendant driven an Epoter vehicle under the influence of alcohol content of about 4km.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven the said vehicle without obtaining a driver's license.

2. In light of the date and time stated in Paragraph 1, the Defendant: (a) stated that the Defendant: (b) signed the Defendant’s pro-friendly H with the signature of the Defendant, and sent it to the said G, who was aware of the forgery, on the front of the road located in Busan Jin-gu, Busan; (c) the police box of the Busan Jin-gu, the police box was controlled by drinking driving; and (d) G was demanded to prepare the “cab’s statement” column of the report on the circumstantial statement of the driver; and (d) stated that the Defendant’s signature of the Defendant’s friendly H was duly formed.

Accordingly, for the purpose of exercising a certificate, the Defendant forged the “statement of driver’s opinion” column, which is a private document related to a certificate of fact, and used the forged private document.

3. As the Defendant: (a) prepared a notice of the result of drinking driving control using a portable information device (PDA) at the time and place specified in paragraph (2); and (b) demanded that G, a police official, sign the Defendant; (c) forged the signature of H by stating “H” in the driver’s signature column in the notice of the result of drinking driving control; and (d) drafted the signature of the said G with the knowledge of the forgery.

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