beta
(영문) 울산지방법원 2016.01.28 2015고단3226

사서명위조등

Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On October 7, 201, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Ulsan District Court on the summary order on June 24, 201, the same court issued a fine of KRW 7 million for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (live Vehicles) and a violation of the Road Traffic Act (live Driving).

[Criminal facts]

1. On November 19, 2015, the Defendant: (a) was driving a rocketing car under the influence of alcohol content of about 0.197% while under the influence of alcohol without obtaining a driver’s license from around 2km-gun, Ulsan-gun; (b) from around 2km-gun, Ulsan-gun, Ulsan-do, to the front road of the restaurant C in B; and (c) the Defendant was under the influence of alcohol of about 0.197% during blood.

2. On November 19, 2015, the Defendant: (a) on the front of the C restaurant located in Ulsan-gun, Ulsan-gun; (b) on the front of the C restaurant located in Ulsan-gun; (c) as indicated in the foregoing paragraph 1, the Defendant, without authority, forged F’s signature on the name and resident registration number (G) instead of the Defendant’s personal information instead of the Defendant, on the front of the C restaurant; and (d) on the front of the C restaurant located in Ulsan-gun, Ulsan-gun; and (c) without authority for the purpose of driving to conceal the driving without a license, forged F’s signature on the name and back of F, indicated in the F’s respective driver column of the inquiry as a result of the influence on driving alcohol; and (d) without authority for the purpose of driving.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Written statements, notification of the results of regulating drinking driving, and inquiry of the results of regulating drinking driving;

1. The circumstantial report on the drivers of the primary drivers and the report on the detection of the primary drivers;

1. Notice of prior disposition of driver's license suspension;

1. Investigative into the ledger of driver's licenses, chassis, and establishment of the main office;

1. A criminal investigation report;

1. Application of a reply to inquiry, such as criminal history, and each investigation report (referring to a report accompanied by a summary order before and after the same end of the investigation);

1. Article 239(1) of the Criminal Act (the point of Article 239 of the same Act on the crime), Article 148-2(1)1, and Article 44 of the Road Traffic Act on the crime.