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(영문) 울산지방법원 2016.04.06 2016고단332
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 13, 2006, the Defendant was sentenced to a fine of one million won for a crime of violating road traffic laws at the Daegu District Court on November 13, 2006, and was sentenced to a fine of two hundred and five million won for the same crime at the Ulsan District Court on January 15, 2013.

1. On December 9, 2015, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license), driving a motor vehicle under the influence of alcohol, without obtaining a driver’s license on around 20:22 on December 9, 2015, and driving a motor vehicle under the influence of alcohol at least 0.097% while under the influence of alcohol during blood, by driving a motor vehicle under the influence of alcohol at least 2 km in the half-gu radius in the Dong-gu, Jung-gu, B at least half-gu.

2. On the same date and time as Paragraph 1, the Defendant was asked to present a driver’s license to the Ulsan-gu Police Station Traffic Safety Doctrine C who is under the influence of drinking during drinking and was found to have been driving at the same time as that of the public document in question.

Accordingly, the defendant presented D's first class ordinary driving license under the name of the Commissioner General of Ulsan District Police Agency, which is an official document in possession, as if the defendant was the driver's license of the defendant.

Accordingly, the defendant did not use official documents.

3. Forgery of private documents and the uttering of a falsified investigation document;

A. When the Defendant was discovered by drinking driving at the time and place of Paragraph 2, as seen above, the Defendant signed “D” to the driver’s disturbance by using a test-type pen without authority for the purpose of exercising the right.

Accordingly, the Defendant forged a copy of a statement on the circumstances of the driver in the name of D, which is a private document on the proof of facts.

B. The Defendant, like the above A, issued a false statement report on the circumstances of the driver's driver who was forged as described in the above A, to the Gyeong-ju who is aware of the circumstances, and exercised it as if they were genuinely formed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. The circumstances of the driver's license in the State (hereinafter referred to as the "State driver's license") 1.

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