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(영문) 서울중앙지방법원 2014.11.28 2014고단7967
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

[criminal power] On February 8, 2011, the Defendant received a summary order of KRW 1 million from the Seoul Northern District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1 million from the Seoul Northern District Court to a fine for the same crime on May 30, 2013, respectively.

1. Although the Defendant was punished for driving under the influence of alcohol on two occasions, the Defendant was driving under the influence of alcohol on 15:30 on October 12, 2014, the Defendant was driving under the influence of 0.052% of blood alcohol concentration in B B B PP car while under the influence of alcohol leveling 0.052% at around 15:45 on the same day, in the vicinity of the Suyangwon Station located in the Duyangdong-dong, Seoul Metropolitan Government from around 15:45 on the same day to the shooting distance.

2. On October 12, 2014, at around 15:49, the Defendant issued a 112 report at the private distance in the private road located in Dongjak-gu Seoul Metropolitan Government, and received a request for presentation of a driver’s license from the superintendent of the Seoul Coast Guard station affiliated with the Seoul Coast Guard station, who was called for the presentation of the driver’s license, and the copy of the driver’s license with respect to D issued by the director of the Seoul Coast Guard, who was in custody in the vehicle to conceal the fact that his driver’s license was revoked, presented it as D.

3. On October 12, 2014, the Defendant: (a) around 16:10 on October 12, 2014, when he was subject to an investigation of drunk driving at the private transport center located in the Dong-dong, Dongjak-gu Seoul Metropolitan Government, the Defendant forged the Defendant’s signature by stating “D” in each signature column of a drinking driver’s circumstantial statement, notification of the results of the influence on drinking driving, and the signature of the drinking control strawer without authority for the purpose of exercising the right to it as if he was D.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the circumstantial statement of a drinking driver (D), notification of the result of crackdown on drinking driving (D), and pulmonary measuring records (D);

1. Copy of the driver's license (D);

1. The register of driver's licenses;

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