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(영문) 수원지방법원 2016.02.03 2015고단5745
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 11, 2015, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (dless driving) driving a B-A-di vehicle under the influence of alcohol with approximately 0.05% alcohol concentration in blood without a vehicle driver’s license from the front side of the C-A-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-

2. The unlawful uttering of official document presented the defendant's driver's license issued by the Commissioner of the Korean National Police Agency in Gyeonggi-do, which is an official document in possession at the time when the police officer D who was dispatched to the site upon receiving a report from the above C to 112 at the time specified in paragraph 1, as if the defendant was the driver's license of the defendant.

Accordingly, the defendant did not use official documents.

3. At around 04:40 of the date stated in paragraph 1, the Defendant forged the signature of the above E without authority for the purpose of exercising the authority by stating “E” on the side of the statement, which was issued by the police officer, at the G District District of the Suwon-gu Police Station G District in Suwon-gu, Suwon-si, the Police Station G District, the police officer of the Republic of Korea, on the date stated in paragraph 1.

4. The Defendant, at the time and place specified in paragraph 3, submitted to D such a written statement stating the forged signature as above, and exercised his signature in the name of E, which was forged.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. A written statement (57 pages of investigation records);

1. Application of the photographic Acts and subordinate statutes;

1. Article 148-2 subparag. 3, Article 44 subparag. 1 (D. Driving in Drinking) of the Road Traffic Act, Article 152 subparag. 1, and Article 43 (U.S. Driving without License) of the Road Traffic Act, Article 230 of the Criminal Act, Article 239(1) of the Criminal Act (U.S.’s illegal uttering of official document), Article 239(2) and (1) of the Criminal Act (U.S.’s signature) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. A crime of violation of the Traffic Act (unlicensed driving) at will of a punishment;

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