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(영문) 서울북부지방법원 2018.05.31 2018고단1181

사서명위조등

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 November 8, 2017, the Defendant: (a) driven a CK-5 vehicle under the influence of alcohol concentration of 0.058% while under the influence of alcohol while driving a vehicle, without obtaining a driver’s license from around 8-1, Gangnam-gu, Seoul to around 5.9km at around 07:30 on the road from around 8-1, Gangnam-gu, Seoul to the front day of Seongbuk-gu Seoul.

2. Around November 8, 2017, around 07:39, the Defendant: (a) controlled that the Defendant had drinking or non-licensed driving on the front road of Seongbuk-gu Seoul, Seongbuk-gu, as described in paragraph (1); (b) was subject to the police officer E affiliated with the Seoul Class D Police Station D, who was requested to verify the identity, and (c) was driving as if the Defendant was F, and notified the Defendant E of the F resident registration number G.

Then, the Defendant, who measured the alcohol concentration in the blood while breath, signed F in the name of F in the notice of the result of the drinking driving control by using the PDA short terminal device, stated F in the driver’s opinion column in the driver’s statement in the state of the driver’s statement, and signed F.

Accordingly, the defendant used another person's resident registration number unlawfully, forged another person's signature without authority for the purpose of exercising his/her right, and exercised the forged person's signature.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Notification of the results of regulating driving of alcohol;

1. Application of enforcement manual statutes;

1. Article 148-2(2)3, Article 44(1) of the relevant Act on the Traffic of Roads (the point of drinking alcohol), Article 152 subparag. 1, and Article 43 of the Road Traffic Act (the point of unauthorized Driver’s License), Article 37 subparag. 10 of the Resident Registration Act (the point of unlawful use of resident registration number) of the Resident Registration Act, Article 239(1) of the Criminal Act (the point of private signature), Article 239(2) and (1) of the Criminal Act (the point of the above investigation) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty as an alternative penalty;