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(영문) 서울중앙지방법원 2014.08.27 2014고단4602
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 December 11, 2007, the Defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court. On January 7, 2011, the Seoul East District Court issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Seoul East District Court. On November 25, 2013, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Seoul Central District Court.

【Criminal Facts】

1. On June 13, 2014, the Defendant, who violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) have driven CM5 vehicles at a section of about 500 meters from the road located in the vicinity of Seocho-gu Seoul Seocho-gu distribution Dong, Seoul to the road in front of 590-8, while under the influence of alcohol at least 0.085% of alcohol without obtaining a driving license, on two or more occasions.

2. On June 13, 2014, around 01:20 on June 13, 2014, the Defendant signed the “E” stating that the Defendant “E” was “E” by stating that the Defendant was “E” to the effect that he was aware of the results of respiratory measurement as a person subject to suspension of license and does not want to collect blood, using the crypology to the driver’s column of the crypical statement report prepared by the police station office located in Seocho-gu Seoul Metropolitan Government

Accordingly, for the purpose of exercising a certificate of fact, the Defendant forged one copy of the report on the circumstantial statement of the principal driver, which is a private document concerning the certificate of fact.

3. The Defendant, at the time, and at the place specified in paragraph (2), exercised a copy of the circumstantial statement report as if it were a document duly formed with D, who was aware of the forgery, as described in the same paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Certificate of driving career;

1. The circumstantial statement of the forged driver;

1. Previous convictions in judgment: criminal records and references;

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