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(영문) 서울북부지방법원 2018.12.20 2018고단4247

사서명위조등

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.

Reasons

Punishment of the crime

1. Around August 15, 2018, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driven a Mati II 2.5 tons truck without a driver’s license from around the road near the ditch 510, Nowon-gu, Seoul, to around 41-5, Dongdaemun-gu, Seoul, to the road located in the 51-5-ro, Dongdaemun-gu, Seoul.

2. On August 15, 2018, the Defendant drafted a traffic accident situation report at the D office of the Seoul East-gu Police Station D, Seoul, Seoul, Seoul, 21-Do, 21-Do, 29, around 08:05, and entered the name and resident registration number of the Defendant’s birth in the item column of personal information, and signed the statement as “E” in the statement column, and submitted it as if the document containing a forged signature was duly formed to the Gyeong F, who is aware of the fact.

Accordingly, the defendant forged another person's signature for the purpose of exercising it, and exercised it.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A written statement on the occurrence of each traffic accident;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses (42 pages of evidence records);

1. Article 152 Subparag. 1, Article 43 (Unlicensed Driving, Selection of Imprisonment), Article 239 (1) of the Criminal Act (the point of a signature of the company), Article 239 (2) and Article 239 (1) of the Criminal Act (the point of a signature of the company) concerning the crime; Article 152 Subparag. 1, 43 (the point of a signature of the company);

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. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, has the power to be punished for driving without a license.

The sentence of imprisonment was also sentenced.

Nevertheless, in order to operate without a license and avoid punishment, the signature of the same student was forged and exercised while driving together with the same student.

The defendant shall be punished by imprisonment.

Provided, That the defendant shall be punished for driving without a license in 2008 and shall be 10 years.