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(영문) 인천지방법원 2017.09.06 2017고단4666
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 26, 2017, the Defendant was under the influence of alcohol content of 0.112% during the period of suspension of a driver’s license on a section of approximately 2km from around 02:45, the Defendant driving a e-motor vehicle owned by Da under the influence of alcohol content of 0.112% during the blood during the period of suspension of a driver’s license.

2. On April 26, 2017, around 02:59, the Defendant’s unlawful uttering of official document: (a) was discovered on the street in front of a gas station in Nam-gu Incheon Metropolitan City, by drinking alcohol; (b) was requested to present a driver’s license from the horse F, who was affiliated with the Incheon Southern Police Station, and was in possession, presented the D’s resident registration certificate under the name of the head of the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, as if the Defendant’s resident registration certificate was the Defendant’s resident registration certificate.

3. The Defendant forged a private document, at the time, at the place specified in the foregoing paragraph 2, entered the situation report of the driver in charge of the instant investigation, the promise to attend the instant investigation, the agreement to collect blood, and the name column of the confirmation letter, and subsequently, entered the name “D” in the column of “D” in the name of “D” in the column of the driver, the commitment, and the confirmation letter, and then forged one copy of the driver’s statement in the name of D, which is a private document on proof of the fact for the purpose of exercising the personal seal on the next page, the agreement to attend the instant investigation, the agreement to collect blood and the confirmation letter, and submitted three copies of the forged private document to the F, namely, the above F.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The agreement to make an appearance for the investigation of the case, the statement of the driver at the main place, consent to and confirmation of blood collection, the statement of alcohol alcohol during blood, the driver's license register (Evidence List 14), the inquiry of administrative disposition, the application of the law of photograph,

1. Driving under the pertinent legal provision on criminal facts: Driving without a license under Article 148-2(2)2 and Article 44(1) of the Road Traffic Act: The occupation of the unlawful uttering of official document under Articles 152 subparag. 1 and 43 of the Road Traffic Act: Article 230 of the Criminal Act.

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