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(영문) 인천지방법원 2015.04.02 2015고단98
사전자기록등위작등
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 2, 2011, the Defendant issued a summary order of KRW 2.5 million at the Incheon District Court to a fine for a violation of the Road Traffic Act, and on August 7, 2014, the same court issued a summary order of KRW 4 million for the same crime.

【Criminal Facts】

1. On October 23, 2014, at around 06:39, the Defendant driving a BM520 vehicle under the influence of alcohol with a blood alcohol concentration of about 0.143% without obtaining a driver’s license from the section of approximately 3km from the area of the Road Traffic Act to the road in front of the Incheon Southern-gu, Incheon Metropolitan City, to the road in front of the bank located in the area of about 3km.

2. In light of the date and time indicated in Paragraph 1, the Defendant’s unlawful uttering of official document was discovered to have driven a motor vehicle in front of the 385 Republic of Korea, as seen above, and was in possession of the Defendant, who was in the name of the Incheon Southern Police Agency, demanded to present a driver’s license by the head C of the police station belonging to the Incheon Southern Police Agency, and the Defendant presented the Defendant’s first class ordinary driver’s license as if he was the Defendant’s license.

3. The Defendant, at the time and place specified in paragraph 2, prepared a notice of the result of the influence of drinking driving on D using a personal portable information terminal (PDA) by the superintendent of the Incheon Southern Police Station, and presented it to the Defendant, and, at the time and place, signed the electronic records on the signature column on the signature column of the above personal portable information terminal screen to confirm that the above fact of the measurement of drinking level of the inquiry was inappropriate for the purpose of causing an error in the handling of the affairs thereof, and submitted it to the above C for the use of the electronic records on the certification of certificates.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, report on the results of the control of drinking driving, inquiry into the results of the control of drinking driving, and report on the actions of a drinking driver;

1. Registers of driver's licenses;

1. Photographs of driver's license;

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