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(영문) 창원지방법원 거창지원 2019.09.11 2019고단224
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

[Criminal Power] On May 8, 2018, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Busan District Court. On May 31, 2018, the same court was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. On June 7, 2019, the Defendant violated Article 44(1) of the Road Traffic Act on at least two occasions, and driven a Croc-do car under the influence of alcohol at about 1km from the road front of Daegu-gu, Daegu-gu, to the road front of the Daegu-gu, Daegu-gu, his salaryline 2, from June 7, 2019, while driving a Croc-do car under the influence of alcohol level of about 0.106%.

2. On June 7, 2019, at around 06:35, the Defendant: (a) was found to have driven a motor vehicle in the E District located in Daegu-gu, Daegu-gu, by drinking alcohol; (b) the Defendant forged a copy of the report on the circumstantial statement of the driver, which is a private document concerning the certification of facts, with the intention to enter the “F” in the driver’s statement column of the “report on the circumstantial statement of the driver; and (c) submitted the forged report to G as if he had been genuine.

3. The Defendant entered the notice of the results of drinking driving control in connection with F’s digital signature on a portable device (PDA) at the time, location, and location specified in paragraph (2), and entered the notice of the results of drinking driving control by accessing the traffic police network using a portable device (PDA), the Defendant forged F’s notice of the results of driving control in the traffic police network, an electronic document pertaining to the certification of facts, with the intention to make it possible for the Defendant to process the affairs by using the F’s electronic signature on the portable device, and exercised the aforementioned prior record by allowing the Defendant to transmit the notice of the results of drinking driving control, which is the aforesaid prior record, to the traffic

Summary of Evidence

1. The defendant's legal statement; 1.1.

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