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(영문) 서울북부지방법원 2014.09.25 2014고단2466

사서명위조등

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

1. Around 01:30 on April 1, 2014, the Defendant was driving Chive-p motor vehicle while under the influence of alcohol content of 0.073% without a vehicle driver’s license in the section of approximately 8km from around the military base in Gwangjin-gu Seoul Special Metropolitan City to around 02:0 on the same day from the roads near the military base in Gwangjin-gu Seoul Special Metropolitan City to the same 243km.

2. Around 02:00 on April 1, 2014, the Defendant’s unlawful uttering of official documents rejected the official documents by presenting the official documents to the Defendant’s driver’s license, who was in possession of a person who was demanded to present his driver’s license from Nowon-gu Seoul Nowon-gu, Seoul Nowon Police Station guard and traffic safety department and from a slope D belonging to the traffic safety department.

3. The Defendant, at the time and place specified in the above paragraph 2, entered E’s name in the driver’s column of the report on the situation of the driver’s oral statement, and forged and exercised E’s signature for the purpose of uttering by submitting it to the above D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on the actual state of the driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 230 of the Criminal Act, Article 239 (1) of the Criminal Act, Article 239 (2) and (1) of the Criminal Act concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act, and punishment provided for in the crimes of violation of the Road Traffic Act with heavier punishment;

1. As to the crimes of selective violation of the Road Traffic Act (driving without Permission) and the unlawful uttering of official documents, each of them shall be punished;