beta
(영문) 창원지방법원 2015.11.18 2015고단2237

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From around 23:30 on July 17, 2015, the Defendant driven DK 3 automobiles while under the influence of alcohol content of about 0.092% without obtaining a driver’s license from the repair park near the repair park located in the Sejong-si, Kimhae-si, to the roads front of the gas station in the same city at around 500 meters.

2. When the Defendant was discovered while driving a motor vehicle in a drinking state as stated in the preceding paragraph and was asked by a police officer to verify the driving of a motor vehicle, the Defendant: (a) around 13:30 on May 17, 2015; (b) had the mind that he/she would engage in the act as if he/she was the Defendant’s friendly appearance “E”; (c) stated the “E” in the “report on the Statement on the Statement on the Status of the Drivers, which was delivered by a police officer; and (d) signed on the name next to the said report and submitted the said document to the police officer in charge of the said fact.

Accordingly, for the purpose of exercising authority, the Defendant forged the signature of E without authority, and exercised it.

3. Although anyone violating the Resident Registration Act was prohibited from using another person's resident registration number unlawfully, the defendant requested the above police officer to present his/her driver's license by drinking driving at the time and place specified in paragraph (2), and asked questions about the driver's identity and confirmation of driver's license. He/she notified the pertinent police officer of F who is the E resident registration number without authority while driving as he/she did.

Accordingly, the defendant used the E resident registration number unlawfully.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' state statement, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to written reports on occupancy drivers (A);

1. Relevant legal assistance, private signature, forgery, and the occupation of the event of the crime: Article 239 of the Criminal Act;