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(영문) 서울동부지방법원 2017.05.19 2017고단759
도로교통법위반(음주운전)등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 16, 2017, the Defendant was driving a vehicle of approximately 3 km from the roads near the Gangdong-gu Seoul Metropolitan Governmentcheon-dong to the 621 road, as Seoul Special Metropolitan City Gwangjin-gucheon-gu, with a alcohol level of 0.183% in blood while under the influence of alcohol level of 0.183% in blood, without a driver’s license.

2. On January 17, 2017, the Defendant forged private documents without the authority to take advantage of the name of E, which is his/her birth, in the process of being exposed to and investigated by driving at the office D office of the Mine Police Station located in Gwangjin-gu Seoul Special Metropolitan City, and without the authority to use the name of E, which is his/her birth, in the process of being investigated. By giving F, a police officer belonging to the above police station, a police officer belonging to the above police station, enter his/her personal information of E in the primary driver detection report and the primary driver's circumstantial statement, the traffic accident situation report, and the traffic accident situation report, etc., enter his/her personal information of E in the primary driver detection report and the primary driver's circumstantial report on the driver's personal information, and affixed his/her seal to the driver's name, and put his/her signature on it.

As a result, the Defendant, each of the following parts, including the report on detection of the driver in the name of E, the circumstantial statement of the driver in charge, and the confirmation column of the traffic accident situation.

3. The Defendant exercised the said investigation document at the above date, at the above place, and at the above time, delivered the falsified driver detection report, the state driver’s circumstantial statement, and the statement of traffic accident situation to the above F, as if they were duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A written statement on the occurrence of traffic accidents;

1. A paper of measurement of drinking alcohol;

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

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning criminal facts

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