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(영문) 의정부지방법원 고양지원 2016.10.27 2016고단2525
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment 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

1. On February 20, 2013, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving without a license) and a fine of KRW 7 million for a violation of the Road Traffic Act (driving without a license) at the Seoul Southern District Court’s Goyang Branch on February 20, 2013, and on June 11, 2015, at the Seoul Southern District Court, to a fine of KRW 7 million for a violation of the Road Traffic Act.

On July 7, 2016, at around 00:28, the Defendant driven a B-purd vehicle with approximately KRW 300 meters alcohol concentration of 0.173% under the influence of alcohol without obtaining a driver’s license from the Hong-dong Hong-dong, Mapo-gu, Seoul Metropolitan Government to the roads of 33 beneficiary oriental medical hospitals in front of the same Gu.

2. The Defendant engaged in drunk driving at the time and place specified in the foregoing paragraph (1) and exercised the official document by presenting the E’s driver’s license, which is an official document in possession, as if the Defendant was the Defendant’s driver’s license.

3. The Defendant forged a private document, or uttering of a private document at the time and place mentioned in the above paragraph (1) above, and the Defendant demanded D to sign and seal the report on the statement on the surrounding driver's situation at the Mapo Police Station C, and without authority to exercise the authority, stated “E” as “E” using a pen-shaped in the driver's confirmation column of the above statement on the driver's report on the driver's status of the driver's status of the drinking driver, which is a private document related to the certificate of facts, and submitted to the above police officer who was aware of the forgery as above, a falsified report on the driver's status of the drinking driver's status in the name of E, which includes the confirmation column of the forged driver's identity, to use it as if he were genuine.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

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

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

1. Control note;

1. A previous conviction in judgment:

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