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(영문) 부산지방법원 서부지원 2018.12.19 2018고단1781
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 July 23, 2018, the Defendant was under the influence of alcohol by around 21:44, on the part of the Defendant in violation of the Road Traffic Act (drinking driving) and the Road Traffic Act (drinking driving). On July 23, 2018, the Defendant driven B-II trucking freight from the public parking lot in front of the Busan Soccccoon to about 84 meters from the common parking lot in front of the Busan Soccoon to the Busan Western-ro 84 and the front road of the Goccoon church.

2. When the Defendant was found to have been drunkly driven on the road in front of the Dongdaemun-gu church, the Defendant: (a) informed the Defendant’s name and resident registration number to the police officer affiliated with the Seo-gu Police Station C of the Police Station C of the control police station; (b) signed the Defendant’s signature on the “E” in the column for the driver’s signature on the result of the control of drinking driving of portable information terminals (PDA) prepared under the name of the above E; and (c) caused the said police officer to transmit a written inquiry about the results of the control of drinking driving, stating the forged E’s signature, to the traffic police network.

Accordingly, for the purpose of exercising authority, the Defendant forged and exercised E’s signature without authority.

3. The Defendant forged a private document or carried out the above investigation document at the above church in front of the Dongdaemun-gu church, stating “E” at the above police officer’s request to sign the driver’s confirmation column of the driver’s circumstantial statement report, and signed the “E” next thereto, and then issued the above police officer the falsified driver’s circumstantial statement report as above to the above police officer who was aware of the forgery.

Accordingly, for the purpose of exercising authority, the Defendant forged the driver's confirmation column and exercised the driver's confirmation column in the statement of the situation of the driver's driver who was a private document.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Inquiries about the results of crackdown on driving of alcohol that is forged and a statement on the circumstances of the driver who takes driving;

1. The driver's license ledger;

1. Unmanned;

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