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(영문) 부산지방법원 2009.10.13.선고 2009고단4314 판결

가.사문서위조나.위조사문서행사다.도로교통법위반(음주운전)라.공문서부정행사마.도로교통법위반(무면허운전)

Cases

209Nodu4314 A. Forgery of private documents

(b) Exercising a falsified investigation document;

(c) Violation of the Road Traffic Act;

(d) Illegal events of official documents;

(e) Violation of the Road Traffic Act;

Defendant

NotesA (75 years old, South)

Prosecutor

Yellow Seas

Imposition of Judgment

October 13, 2009

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive, and the defendant shall be ordered to attend the compliance driving lecture for 24 hours.

Reasons

Criminal facts

The defendant is the driver of the Dok-on vehicle in Busan 80 Guk X also.

1. On July 12, 2009, at around 05:35, the Defendant driven the said vehicle at a distance of about 200 meters from the Seo-dong of Busan to the same gold-dong without a driver’s license issued by the Commissioner of the Local Police Agency, due to the blood alcohol concentration of 0.061%.

2. The Defendant presented the driver’s license to the police officer who demanded the presentation of the driver’s license for the company’s license, which was kept in the sunlight club of the above vehicle, for the purpose of concealing the fact that the Defendant was discovered from the act listed in Paragraph 1 in front of the new gas that was located in the Geum-gu, Busan Metropolitan City, as if he had completed the driver’s license for the company’s license.

3. The Defendant forged a private document’s “written confirmation”, “C’s statement on the state of the driver,” and “report on the detection of the driver’s identity” in the column of the person who stated and confirmed the company’s commissionC in order to conceal the unlicensed facts at the office of the Geum-gu Police Station located in Busan Fri-gu, Busan, by entering the name of the company’s commissionC in the column of confirmation.

4. The Defendant, at the time and place specified in paragraph 3, exercised the “written confirmation”, “written statement on the status of the driver with a view to submitting it to police officers who are aware of the fact”, “written confirmation”, “written statement on the status of the driver with a view to making it available.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning the wholeC;

1. Entry into the protocol of seizure;

1. Statement of each investigation report (14 pages, 30 pages of investigation records);

1. A written confirmation, a written statement on the status of a driver, a written report on the change of status of a driver, a written report on a driver, a certificate of a driver's license, a copy of the forged statement on the status of a driver, a copy of the previousC driver's license, and a statement on the details of disposition for

Application of Statutes

1. Article applicable to criminal facts;

Article 150 Subparag. 1, Article 44(1) of the former Road Traffic Act (amended by Act No. 9580 of Apr. 1, 2009), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (amended by Act No. 9580 of Apr. 1, 200), Article 230 of the Criminal Act (amended by Act No. 952 of Apr. 1, 200), Article 231 of the Criminal Act (amended by Act No. 9580 of Apr. 1, 200), Articles 234, and

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Order to attend lectures;

Article 62-2 of the Criminal Act

It is so decided as per Disposition for the above reasons.

Judges

Judges Lao Young-gu