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(영문) 인천지방법원 2013.11.29 2013고단1212

사문서위조등

Text

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

Reasons

Punishment of the crime

1. Around 23:20 on February 2, 2013, the Defendant driven a B-car from the front Do in the direction of alcohol concentration of 0.067% under the influence of alcohol around 23:20 on February 2, 2013 to the roads in front of the Southern-gu Incheon Metropolitan City Highway No. 2, the Southern-dong Highway No. 3, Incheon, without a driver’s license.

2. The Defendant, at the same time and place as above, entered “E” in the “E” in the signature column of the driver’s signature box of the police station as a result of the influence of drinking and driving control without authority for the purpose of avoiding punishment when the Defendant was discovered to drive under influence of alcohol at the expressway patrol team C police station, in order to escape the Defendant’s punishment. The Defendant stated “E” in the driver’s name column of the report on the circumstances of the driver’s statement, and affixed the Defendant’s personal seal on the name side of the report, and submitted the forged signature and the private document to the above minister who is aware of the forgery.

Accordingly, for the purpose of exercising authority, the Defendant, without authority, forged a personal signature in the above E E’s name on the result of the crackdown on drinking driving, and a written report on driving, including a private document under the above E’s name, and exercised it.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the control of drinking driving (E) and the circumstantial statement of drinking drivers (E);

1. Application of the Acts and subordinate statutes to the ledger of driver's licenses and reports on de facto statements of drivers;

1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, Article 43 of the Road Traffic Act, Article 239 (1) of the Criminal Act, Article 239 (2) and (1) of the Criminal Act, Article 231 of the Criminal Act, Article 234 of the Criminal Act, Article 234 of the Road Traffic Act for criminal facts.