beta
(영문) 창원지방법원 진주지원 2015.07.23 2015고단428

사문서위조등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who has been punished for violating Article 44(1) of the Road Traffic Act on September 30, 2010, by committing a crime of violating the Road Traffic Act in the Jinwon District Court on September 30, 2010, a summary order of a fine of one million won or more due to a crime of violating the Road Traffic Act, and on October 22, 2010, a summary order of a fine of 1.5 million won or more due to the same crime in the same court on October 22, 2010, respectively.

On February 7, 2015, at around 00:01, the Defendant driven D 3 automobiles under the influence of alcohol content of about 0.166% without a car driver’s license from the front of a bus terminal located in the Scheon-si, Sacheon-si to the front of the “C” store located in B around that time.

2. When the Defendant: (a) was discovered to E, a police officer belonging to the traffic control division of the Gyeongnam Police Station, due to drinking and driving without a license on the road before the aforementioned “C” road at the time and time set forth in paragraph (1) above; (b) was discovered, the Defendant provided F’s name and resident registration number, while informing the said police officer of the name and resident registration number.

In addition, around 00:01 on February 7, 201, the Defendant: (a) stated that “F was driven under the influence of alcohol with a blood alcohol content of 0.166%” prepared by the police officer; (b) stated “F” in the lower name column of the statement to the effect that “A person was notified of the procedures for measuring drinking alcohol”; and (c) stated “F” in the name column of the statement to the effect that “A person was notified of the revocation of a driver’s license due to a drinking driving” and issued the said police officer as if it was duly constituted.

Accordingly, the Defendant, for the purpose of exercising a certificate of fact, forged a statement of the circumstances of the host driver under F, which is a private document related to the certification of fact, a letter of confirmation, and a statement of cancellation, respectively, and exercised it around that time.

3. The above paragraph (2) shall apply to the defendants, such as writing, electronic records, etc.