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(영문) 부산지방법원 2015.04.10 2015고단565

사전자기록등위작등

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

"2015 Highest 565"

1. Around 23:00 on November 23, 2014, the Defendant driven B-wing truck under the influence of alcohol concentration of 0.092% without obtaining a driver’s license from a section of about 100 meters from the road located in the hot spring in the Busan East-dong, Busan to the front road in the same Gu-dong, an elementary school located in the same Gu-dong.

2. Any event, such as writing, electronic records, etc.; and

A. At around 23:00 on November 23, 2014, the Defendant, as indicated in paragraph (1), was under the influence of drinking and driving without a license in front of the school, Dong-dong, Busan, Dong-dong, and the Defendant was willing to avoid criminal punishment by leaving his resident registration number, etc. of C, which was known in advance as the Defendant’s living together, while driving under the influence of drinking and driving without a license, as described in paragraph (1). The Defendant, despite being aware of such fact, had D slope belonging to the Busan Dong-dong Police Station, notify the results of drinking driving control after measuring alcohol, to the personal portable device (PDA), “C”, “E” in the name column of drinking driver, resident registration number column, and “Seoul-do” in the address column. The Defendant arbitrarily signed C’s signature using a terminal pent in the driver’s license confirmation column.

As a result, the defendant has forged the records of C's drinking driving control results in the name of C, which is a prior record of a certificate of fact, for the purpose of hindering the management of affairs.

B. The defendant is entitled to the above events, such as a letter of apology.

At the time and place mentioned in paragraph (1), it was delivered to the above D as if it was duly formed as the result of the so-called Regulatory Operation Control Report, and it was exercised by allowing the above D to transmit the files which were written as a result of the so-called Regulatory Control Report.

3. Forgery of private documents and the display of private documents;

A. Paragraph 2 is applicable to the Defendant who forged a private document.

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