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(영문) 서울남부지방법원 2020.11.05 2020고단1748
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

[criminal power] On March 28, 2019, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act in Ansan District Court's Ansan Branch on March 28, 2019.

【Criminal Facts】

1. On December 23, 2019, the Defendant violated the Road Traffic Act and the Road Traffic Act (free license) drive a D-to-faced vehicle without obtaining a driver’s license in a section of about 15 km from B in front of Heung-si to the front of Geumcheon-gu Seoul, Seoul. On December 24, 2019, around 01:04, the Defendant driven a D-to-faced vehicle under the influence of alcohol concentration of about 0.077% while under the influence of alcohol concentration of 0.77%, even though he had a history of drinking driving without obtaining a driver’s license in a section of about 20 meters from the front of the parking lot located in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu to the front of Geumcheon-gu, Seoul.

2. Forgery of private signature, and the use of a false investigation or signature;

A. On December 24, 2019, the Defendant: (a) around 01:04, at the parking site located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul; (b) as described in paragraph (1), there is concern that the police officer, who belongs to the Seoul Geumcheon Police Station, would be aware of his/her crime after driving alcohol and without a license; (c) demanded the Defendant to sign the circumstantial statement on the basis of the Defendant’s statement; (d) the police officer prepared the Defendant’s statement on the basis of the Defendant’s statement; (e) forged the part of the driver’s name column stating “E; and (e) issued the said police officer with the signature forged, as if the report on the circumstantial statement of the driver’s name was duly prepared.

B. The Defendant, as stated in paragraph 2(a) on the date and time, at the place, carried out drinking without a license as stated in paragraph 1, and controlled a police officer belonging to the Seoul Geumcheon Police Station on his/her criminal act, fear that his/her criminal act would occur, and the police officer demanded the Defendant to prepare a notice of drinking control on E using a portable information device (PDA) and sign it on the device. The Defendant is out of the said notice.

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