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(영문) 의정부지방법원 2019.11.27 2019고단4008
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

On July 20, 2016, the Defendant was issued a summary order of KRW 3 million with a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million with the same court on November 8, 2018, respectively.

1. On July 10, 2019, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) on two or more occasions, by driving a motor vehicle under the influence of alcohol level of about 0.16% while driving a motor vehicle under the influence of alcohol level of about 7km from the front of the penta-si in which trade name in Gyeonggi-si B is unknown to the front of the penta-si, Gyeonggi-do to the front of the D-do in C at the same time without obtaining a driver’s license from the 7km section to the front of the D-do in the same city.

2. The Defendant, at the date, time, place, and time, and place specified in the foregoing Paragraph (1) above, when the police officer was subject to punishment due to driving under the same kind of force as above, the Defendant informed the police officer of the name of the Defendant’s friendly parent, without notifying the Defendant’s name to the police officer, and notified the F’s resident registration number to the Defendant, and requested the police officer to sign after confirming the F’s report on the result of the influence of drinking driving, which includes the F’s name, personal information, and the result of the influence measurement. The Defendant submitted the signature stating “F” on the right side of the part indicated as “DriverF” to the enforcement officer who was aware of such fact as if the signature was duly formed.

Accordingly, the defendant, for the purpose of exercising authority, forged the F's signature without authority, and exercised it.

3. The Defendant, at the time and place specified in the foregoing Paragraph (1) above, includes F’s personal information and the result of a drinking test against the Defendant, at the upper end, and at the bottom, a license is granted to the Defendant by checking that the above stated matters are true and driving.

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