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(영문) 서울동부지방법원 2018.02.08 2017고단4039

사문서위조등

Text

A defendant shall be punished by imprisonment for six 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 1, 2017, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) driving a vehicle without obtaining a driver’s license on around 21:46 on November 21, 2017. While under the influence of alcohol content of 0.091% in blood, the Defendant driven a vehicle with C highest of about 20 meters in the section of about 20 meters from the surface of Seongdong-dong, Seoul to the front road of Seongdong-gu, Seoul.

2. The Defendant, at the time and time set forth in the above paragraph 1, was aware of his intent to conduct drinking driving control from E in front of Seongdong-gu Seoul Seongdong-gu Seoul Police Station D, Seoul, the Defendant informed the police officer of F’s name, resident registration number, etc., and notified him of his personal information, such as F’s name and resident registration number, etc., and then, at the bottom of the Defendant’s report on the circumstance of the driver’s statement, stating the fact that drinking results was recognized, entered as “F” in the driver’s name column at the right side at the bottom of the report on the driver’s name, and put his signature on the said police officer as if the signature was genuine.

As a result, the Defendant, for the purpose of uttering, forged a copy of the circumstantial statement report on the driver's statement in the name of F, which includes the driver's statement in the name of F, which is a private document on proof of facts, and used the forged private document in the name of F.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 subparag. 1, Articles 43, 148-2 subparag. 3, and 44 (1) of the Road Traffic Act concerning facts constituting an offense; Articles 231 and 234 of the Criminal Act;

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

1. Selection of each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the observation of protection, the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order, the circumstances under the reasons for sentencing, and other various conditions of sentencing indicated in the records, the sentence as ordered.

(b) the defendant;