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(영문) 부산지방법원 2018.02.08 2017고단5745
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 one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 15, 2016, the Defendant driving a Dominton vehicle with a alcohol level of about 0.123% under the influence of alcohol level of 0.123% without obtaining a driver’s license in the section of approximately 1km from around the roads near the influence vehicle in Busan Dong-dong to the roads in front of the “C” located in the same Gu, from around 04:14, Sept. 15, 2016.

2. The Defendant: (a) had the Busan East Police Station E and the Inspector F of the Busan East Police Station request confirmation of his personal information on the road prior to the date specified in paragraph (1) of this Article; (b) had the said F enter the G’s personal information and the violation of the regulations on drinking driving by accessing a portable information device (PDA) to the traffic police network; and (c) had the said F enter the personal information and the violation of the regulations on driving; and (d) signed the electronic signature of “G” in order to request the said F to sign the signature column of the driver of the said device.

Accordingly, the Defendant forged another person’s signature for the purpose of exercising the right, and caused the F to reach the forged signature by transmitting it to the traffic police computer network as above.

3. The Defendant: (a) discovered by drinking alcohol and driving without a license on the road prior to the foregoing “C” as of the day specified in paragraph (1); and (b) stated the “G” in the said document in order to request the signature from the said F in the driver’s circumstantial statement column; and (c) signed the document on the name of the said F.

Accordingly, the Defendant, for the purpose of uttering, forged G’s statement report on the circumstances of the driver in the name of G, which is a private document concerning the certification of facts, and submitted it to the above F without knowledge of the circumstances in the above Article.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement of the police with regard to G.

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