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(영문) 울산지방법원 2019.05.24 2018고단3876
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 January 22, 2014, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Ulsan District Court on January 22, 201, and a fine of KRW 3.5 million for the same crime at the same court on December 26, 2016.

【Criminal Facts】

1. On September 29, 2018, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) at least twice, and once again drives a D G80 vehicle while under the influence of alcohol without obtaining a driver’s license at a section of about 1km from the C neighboring road located in Ulsan-gu, Ulsan-gu B to the lower part of the Nam-gu, Ulsan-gu, Ulsan-gu, Seoul, to the lower part of the flow of the road.

2. On September 29, 2018, the Defendant violated the Resident Registration Act: (a) the police officer E who belongs to the Ulsannam Police Station and was in advance at the request of a police officer to present his/her driver’s license on the lower part of the Southernnam Police Station, and (b) the Defendant used another person’s resident registration number on the part of the Defendant who was out of the Republic of Korea.

3. The Defendant, at the time and place specified in Paragraph 2, committed so as to include G’s personal information and violation in personal portable devices (PDA) that inform the police officers belonging to the Ulsan-Nam Police Station of the results of the control of drinking driving after weighing alcohol at the time and place specified in Paragraph 2, and then sent a personal signature to “G” at will, who is requested by the aforementioned FF police officers to sign the driver’s column of the notification of the control of drinking driving. The Defendant sent FF F, who is aware of such writing, to the vehicle’s file of the written notification of the control of drinking driving, and sent it to the traffic police computer network as if the file of the written notification of the control of drinking driving was genuine.

Accordingly, the defendant forged the G's signature and exercised it for the purpose of exercising it.

4. The Defendant is a police officer controlling a private document forgery and uttering of a private document at the time and place specified in paragraph (2).

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