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(영문) 수원지방법원 안산지원 2018.09.06 2018고단2318
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 8, 2016, the Defendant received a summary order of KRW 3 million as a fine for a violation of road traffic laws (drinking driving) from the Incheon District Court on April 8, 2016, and two million won as a fine by the same court on March 9, 2018.

1. On May 29, 2018, the Defendant: (a) driven Cone Star Motor Vehicle while under the influence of alcohol content of at least 0.086% in a section of about 2km from the front of the water king reservoir at Silung-si, Seoul, to the front of Silung-si, Seoul Special Metropolitan City, while driving the Cone Star Motor Vehicle at around 0.086% without a driver’s license.

2. The Defendant forged a private document, as described in paragraph (1) of this Article, controlled the driving of alcohol at the front of Sinsi-si, B, as described in paragraph (1), and stated that “the driver’s opinion statement” in the main driver’s circumstantial statement from the police officer is demanded, and that “the driver’s opinion statement is not wanted to collect” in the color pen to avoid punishment, and the lower end written the Defendant’s name and signed it next to the name column.

Accordingly, for the purpose of exercising, the Defendant forged a copy of the statement report on the situation of the driver in the name of D, which is a private document on proof of facts.

3. The Defendant, at the same time and place as set forth in paragraph 2, submitted one copy of the written report on the circumstances of the driver involved in the crime, which was forged, to the Si-Y police station guard and the police officer F of E, who was aware of the forgery, as if it were a document duly formed.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The ledger of softers and driver's licenses as a result of drinking measurement;

1. Previous convictions in judgment: To apply investigation reports (attached to the previous and summary order), references to inquiries, such as criminal history, and other relevant Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed driving)

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