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(영문) 서울남부지방법원 2013.05.21 2013고단1097
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 14, 2013, the Defendant, in violation of the Road Traffic Act and the Road Traffic Act, driven a B-lured vehicle with a blood alcohol concentration of about 0.179% under the influence of alcohol without obtaining a driver’s license in the section of about 1km from the head of Gangseo-gu Office, Gangseo-gu, Seoul to the roads of about 534 degrees in the same Gu, Gangseo-gu, Gangseo-gu, Seoul Metropolitan Government.

2. The Defendant’s unlawful uttering of official document was discovered as a drinking driver while driving a motor vehicle B at the same time on the roads of Gangseo-gu Seoul Metropolitan City, a village of 534, and was demanded to present a driver’s license from a slope C belonging to the traffic safety department of the Gangseo-gu Police Station.

The defendant, who is a public document in possession, presented the defendant's first class ordinary driver's license under the name of the chief of the Seoul Police Agency, which is a public document in possession, as if the defendant was the defendant's driver's license.

3. The Defendant, at the time, at a place specified in the foregoing paragraph (2) and at the same time, had the signature requested in the “Ching driver’s circumstantial statement”, “D’s name column of the “Ching driver’s circumstantial statement”, and “D” of the “Ching driver’s circumstantial statement” written confirmation of the Ching driving control in order to ensure confirmation of the process of the Ching driving control by drinking driving, as seen in the foregoing paragraph (2). The Defendant carried out a private person on the name D of the “Ching driver’s report on the results of the Ching driving control.”

Accordingly, the defendant has forged three signatures of others for the purpose of exercising their rights.

4. The Defendant, at the time, at a place specified in the above paragraph (2) above, had completed the “report on the Statement of the Exemplary Drivers,” the “Report on Exemplary Control”, and the “Notification on the Control of Exemplary Operation” with the signature forged as stated in the above paragraph (3), and exercised the “Notification on Exemplary Operation” as if he were D.

Summary of Evidence

1. The defendant;

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