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(영문) 의정부지방법원 2016.04.29 2015고단4553
공전자기록등위작등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 6, 2009, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving), and a fine of one million and five hundred thousand won for the same crime in the same court on August 17, 2015, respectively.

1. On August 2015, the Defendant embezzled, with a driver’s license lost by the victim C in front of the Seocho-gu Seoul Olympic Games, 43-gil 88 Seoul ASEAN Hospital, without following necessary procedures, such as acquiring one copy of the driver’s license lost by the victim C, and returning it to the victim.

2. On October 16, 2015, the Defendant: (a) driven a DNA car under the influence of alcohol concentration of 0.051% while under the influence of alcohol without a vehicle driver’s license on the 800-lane from the front side of the 1350-ro, Namyang-si, the Southern-si, the Namyang-si, to the road of about 1375, a 1350-lane, a day from around 1375, to the road of the same 800-lane.

3. The Defendant’s unlawful uttering of official documents presented C’s Class 2 ordinary driving license under the name of the Commissioner General of the National Police Agency in the name of the Northbuk-gu Police Agency prior to the official document, which was an official document in possession of a person who was asked to present a driver’s license, as the Defendant’s driver’s license, and was discovered in drinking control at the above time and at the above place while driving the car of the franchise.

4. The Defendant: (a) carried out a drinking measurement at the above time, at the place of the event, by regulating the facts constituting “2” as stated in the foregoing paragraph; and (b) had the above horse E enter the personal information of “A” into a traffic control PDA (portable device) system; (c) signed the signature entry page of the above PDA for the purpose of facilitating the management of affairs by signing the electronic records on the PDA as C; and (d) exercised the electronic records on the PDA’s signature entry page for the purpose of facilitating the management of affairs; and (c) had the above horse E transmit the results of the above writing to a traffic police computer network without knowledge.

5.

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