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(영문) 서울남부지방법원 2017.08.24 2017고단2859

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 7, 2008, the Defendant was issued a summary order of KRW 1,00,000,000 as a fine for a violation of road traffic law (drinking driving) at the Sungnam branch of Suwon Friwon on November 7, 2008, and on September 27, 2013 at the Seoul Central District Court on September 27, 2013, and on June 1, 2017, the Defendant was sentenced to imprisonment of KRW 8 months and suspension of execution for a violation of road traffic law (drinking driving) at the Seoul Southern District Court on June 1, 201.

9. The judgment became final and conclusive.

1. On May 19, 2017, the Defendant: (a) violated the Road Traffic Act (divated driving) and the Road Traffic Act (divated driving) driving on the street side of the Yangcheon-gu Seoul building around 03:45 on May 19, 2017; (b) without obtaining a driver’s license; and (c) with C lebn vehicle under the influence of alcohol content of 0.119% during blood.

2. The Defendant’s unlawful uttering of official document was discovered by drinking driving at the time, place, and at the place indicated in paragraph (1) and was demanded to present an identification card from D in the process of the Seoul Yangcheon Police Station’s position.

Accordingly, the defendant presented the E's resident registration certificate in the name of the Si of Seosan-do, Chungcheongnam-do, which is an official document in possession, as if the defendant was the resident registration certificate of the defendant.

Accordingly, the defendant did not use official documents.

3. The Defendant, at the time, at the place specified in Paragraph 1, and at the time, at the location, and upon receipt of a request to sign the driver’s statement in the column for the statement of the driver’s opinion, at his own discretion, entered the name of “E” in the situation where the Seoul Yangcheon Police Station affiliated with the Seoul Yangcheon Police Station, and presented that the signature of “E” was forged and the signature was duly formed to F, who knew of the forgery.

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. Statement made by the police for E;

1. Notification of the results of regulating drinking driving;

1. E driver's license:

1. Statement of the circumstances of the driver at the main place and the statement of the circumstances of the driver at the main place;

1. Previous Records: References to inquiries, investigation reports (Attachment to the same type of judgment) shall apply to the Act and subordinate statutes.