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(영문) 인천지방법원 2017.11.08 2017고단4580
도로교통법위반(음주측정거부)등
Text

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

However, the execution of the above punishment 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 April 30, 2017, the Defendant was under the influence of alcohol by the Defendant, while under the influence of alcohol, such as drinking alcohol, sniffing and photographing face of the Defendant from the Defendant, who was under the influence of alcohol by a police officer of the Incheon Southern Police Station E Zone of the Incheon Southern Police Station, who was under the influence of alcohol at the center of the road of the Southern-gu Incheon Southern-gu, Incheon Metropolitan City.

Even though there is considerable reason to suspect that there is a considerable reason, the police officer did not comply with a request for the measurement of alcohol by inserting the whole in a drinking measuring instrument over about 20 minutes, and the police officer did not comply with the request for the measurement of alcohol without justifiable grounds.

2. On April 30, 2017, the Defendant: (a) arrested a flagrant offender with the suspicion of refusing to measure drinking at the above place on the charge of refusing to do so; (b) had the mind that he/she had his/her model G resident registration number outside of the said G by advertising the concern that the occurrence of fines would have been discovered; and (c) had the mind that he/she had the said G’s resident registration number outside the said place.

At around 16:00 on the same day, the Defendant issued G’s resident registration number to F, who asked the Defendant’s personal information to F, and then signed the “G” column of the written confirmation to arrest a flagrant offender, which is prepared by the police officer, and affixed the Defendant’s personal seal on the name side of the written confirmation to the “person to be confirmed” column of the written confirmation to arrest a flagrant offender, and submitted the signature of G as indicated in each of the above written confirmation to F, who is aware of the forgery.

Accordingly, the defendant forged another person's signature and used a forged signature for the purpose of exercising the right.

Summary of Evidence

1. The defendant's legal statement (the third public trial date);

1. Statement made to I by the police;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. A report on internal investigation:

1. The ledger of the use of drinking meters, the list of reports, confirmations, and the arrested suspect;

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