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(영문) 울산지방법원 2016.08.02 2016고단2150

사서명위조등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On August 7, 2013, the Defendant violated the Road Traffic Act (drinking) and the Act on Guarantee of Compensation for Automobile Damages, while under the influence of alcohol by 00:05 on August 7, 2013, the Defendant driven a X truck not covered by mandatory insurance at 200 meters in the direction of the Ulsan-gu Steering-dong Senior Welfare Center and the front of the Ulsan-gu Senior Citizens Welfare Center, Ulsan-gu.

2. In front of the Ulsan-gu Elderly Welfare Center for the Aged with Drinking-dong, the Defendant: (a) discovered a suspected charge of drinking alcohol; (b) believed that the Defendant was guilty of having driven alcohol; and (c) had the intent to escape arrest by gathering another person’s name.

Accordingly, without the authority of the Defendant, the Defendant, without the authority, made a false statement as if he was Y, and entered “Y” in the driver column of the State’s circumstantial statement report, which was presented by the U.S. Military Police Station Z of Ulsan-do, as a police officer affiliated with the U.S. Military Police Station, and signed and submitted it to the driver column of the State’s circumstantial statement report, and thereby, used a forged and forged signature of another for the purpose of exercising it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against Y;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Operation of a motor vehicle with no mandatory insurance policy under Articles 148-2(2)3 and 44(1) of the Road Traffic Act for criminal facts: Counterfeiting the signature of a death penalty under Article 46(2)2 and the main sentence of Article 8 of the former Guarantee of Compensation for Damages (amended by Act No. 12987, Jan. 6, 2015): The exercise of signature of the above investigation under Article 239(1) of the Criminal Act: Article 239(2) and (1) of the Criminal Act;

1. Reasons for sentencing of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the punishment shall be aggravated for concurrent crimes with the punishment stipulated in the most severe crime of signature and signature of the above investigation), details of the crime, circumstances of the crime, and the defendant.