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(영문) 인천지방법원 2015.04.30 2015고단47
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 05:30 on December 24, 2014, the Defendant driven a DNA car while under the influence of alcohol of about 0.110% of blood alcohol concentration without obtaining a driver’s license from a section of about 1km up to the front road of a gas station located in the Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, from the road of a funeral hall in the south-gu, Incheon, and around 05:53 on the same day.

2. While driving a car as stated in paragraph 1, the Defendant was punished as a patrol officer F belonging to the Incheon Southern Police Station Embox, and was thought to be subject to the relevant investigation in the name of G, which is the Defendant’s friendly life.

On December 24, 2014, around 06:13, the Defendant stated the Defendant’s signature in the signature column of the police portable information device (PDA) for the preparation of a notice of the result of the drinking driver control presented by the above F in front of the C stations located in Nam-gu Incheon Metropolitan City, and on the same day at around 6:35 on the same day, the Defendant entered the Defendant’s signature in the driver’s name column of the report on the drinking driver’s report printed in the Incheon Southern Police Station E box located in the same Gu H.

Accordingly, the Defendant forged the signature of G with private signature for the purpose of exercising the right.

3. The Defendant, at the same time and place as described in paragraph (2), issued a forged G signature to the above F, who was aware of such forgery, as above, as if it had been duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A report on the actual state of each host driver;

1. Application of the Acts and subordinate statutes to driver's license and next inquiry;

1. Relevant statutory provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, Article 43 of the Road Traffic Act, Article 239 (1) of the Criminal Act, and Article 239 (2) and Article 239 (1) of the Criminal Act concerning criminal facts.

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