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(영문) 서울서부지방법원 2016.11.29 2016고단3048
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On September 6, 2016, the Defendant was under the influence of alcohol at a level of 0.091% in blood alcohol level without obtaining a driver’s license on September 6, 2016, and the Defendant driving a B low-speed vehicle at a level of approximately 500 meters from the Hannam-dong Han River Station in Yongsan-gu Seoul to the front road of about 726-26.

2. When the Defendant, at the same place as above 1.3, was under control due to drunk driving, etc. at the same time, he stated C’s name and resident registration number as C, and the Defendant used the forged private document by arbitrarily entering C’s name in the driver’s circumstantial statement prepared accordingly, and forging C’s report on the state driver’s circumstantial statement in the name of C, which is a private document pertaining to rights and duties, signed and unmanned on the next page. As such, the Defendant used the forged private document by delivering it to D, the control police officer, as if the document was actually prepared.

3. When the Defendant, at the same place as above 1. Paragraph 1., controlled the drinking driving, etc. at the same time, he stated the name and resident registration number of the above C while driving as C, and accordingly forged C’s signature at his own discretion in the driver column of the notification of the result of the drinking driving control on the PDA terminal, and presented it to D, a traffic control police officer, as if the signature was duly prepared, and exercised C’s signature.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, report on detection of a drinking driver, and register of driver's licenses;

1. Application of Acts and subordinate statutes to detection and reporting of violations of the Road Traffic Act;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (the point of driving without a license) and Article 231 of the Criminal Act concerning criminal facts.

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