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(영문) 부산지방법원 동부지원 2015.01.06 2014고단1601
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 2, 2014, the Defendant, while under the influence of alcohol of 0.067% of blood alcohol without obtaining a driver’s license on August 2, 2014, driving Cpool car with approximately 300 meters of 0.067% of alcohol level, while driving the vehicle at Cpool, which was located in Busan High-dong, Daegu High-dong, Busan, and proceeded with approximately 300 meters of alcohol level from the first day to the middle day at the same port.

2. The Defendant’s unlawful uttering of official document was discovered to a police officer who is under drinking control at the distance of the temporary border line set forth in paragraph (1) and demanded a driver’s license from a slopeD of the traffic safety department of the Maritime Police Station. The Defendant, a public document in possession, presented the Defendant’s pro-friendly E driver’s license under the name of the head of the Seoul Police Agency, and presented it as the Defendant’s driver’s license.

3. The Defendant forged a private document, or displayed a private document with the intent to exercise it at the time and place specified in paragraph (1) and signed on the “E” in the driver’s name column of the statement on the situation of the driver, which was prepared and presented by the control police officer without authority.

As such, for the purpose of exercising authority, the Defendant forged the report on the circumstantial statement of the owner driver in the name of E, a private document concerning a certificate of fact, and issued the forged report to the police officer who is aware of the forgery on the job as if it were a document that was actually formed.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver and the driver’s license (E);

1. Investigation into the results of crackdown on drinking driving, and application of the statutes on the register of driver's licenses;

1. Article 152 Subparag. 1, Article 43 of the Road Traffic Act, Article 148-2(2)3, Article 44(1) of the Road Traffic Act, Article 230 of the Criminal Act, Article 231 of the Criminal Act, Article 234 of the Criminal Act, Article 234 of the Criminal Act for the crime.

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