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(영문) 울산지방법원 2012.12.28 2012고합513

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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal power is a person who was sentenced to a fine of KRW 1.5 million by the Ulsan District Court on December 16, 2008, and a fine of KRW 3.5 million by the same court on March 29, 2012.

Criminal facts

1. On November 16, 2012, the Defendant driven a Cnice vehicle under the influence of alcohol by about 50 meters from the entrance of Sariri-ri-ri village at Yangsan-si to the frontway in 1077 at the same time, without a driver’s license, at around 16:20 on November 16, 2012.

2. The Defendant forged each other’s signature without authority for the purpose of exercising the right by stating the name “F” in each name column of the report on detection of drinking drivers, the report on detection of drinking drivers, the report on circumstantial statement of drinking drivers, and the report on the circumstances of drinking drivers, at the same time and place as mentioned in the above paragraph (1), and at the same time and place as indicated in the above paragraph (1), and used it as a package by submitting the report on detection of drinking drivers signed by each of the above slope E, and the report on circumstantial statement of drinking drivers to the above assistant E, which is aware of the forgery.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Report on detection of each host driver and report on the circumstances of the host driver;

1. Identity inquiry;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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

1. The crimes of Articles 40 and 50 of the Criminal Act (the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license) and the crimes of violation of the Road Traffic Act with heavier punishment (the crimes of running under the influence of alcohol).