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(영문) 인천지방법원 2018.11.08 2018고단6671

사문서위조등

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

1. On September 14, 2017, the Defendant driving a DNA motor vehicle without obtaining a driver’s license on the “D” front of the “D” road located in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, for the violation of the Road Traffic Act (unlicensed driving).

2. When a police investigation was conducted on the ground that the Defendant had caused a traffic accident while driving a license without obtaining a license as described in paragraph 1 as stated in paragraph 1, the Defendant had the mind that he would be aware of a second offense during the period during which the period of probation was suspended, and would lead to pretending that he was a relative F.

Accordingly, on September 14, 2017, the Defendant prepared a “written statement related to traffic accident” at the H District Office located in Jung-gu Incheon Metropolitan City, Jung-gu, with the verification-type pen, and entered F’s name and resident registration number in the “personal information” column, and forged “written statement related to traffic accident” in the F’s name related to the verification of fact with the purpose of exercising the signature by stating the F’s name in the “written statement” column, and used it by submitting the forged “written statement related to traffic accident” to police officers who are not aware of the circumstances.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Each report on investigation;

1. The driver's license ledger (A);

1. Application of Acts and subordinate statutes to a written statement related to traffic accidents (No. 2);

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of exercising the aforementioned investigation document), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the point of driving without a license) and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. A person who has no basic area (6 months to 2 years) (including forgery, alteration, etc. of private documents) of the type 1 (such as forgery, alteration, etc. of private documents) according to the sentencing guidelines.