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(영문) 부산지방법원 2009.12.9.선고 2009고단4719 판결

사문서위조,위조사문서행사,도로교통법위반(음주운전),도로교통법위반(무면허운전)

Cases

209 Highest 4719 Private Document Forgery, Uttering Private Document, Violation of the Road Traffic Act

Driving) Violation of the Road Traffic Act (Unlicensed Driving)

Defendant

NewA (81 years old, South, North) and Indian fishing

Prosecutor

Kim Chang-seop

Imposition of Judgment

December 9, 2009

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal History Office

1. Violation of the Road Traffic Act and the Road Traffic Act;

피고인은 2009. 9. 1. 06:37경 자동차운전면허 없이, 혈중알콜농도 0.201%의 술에 취한 상태로, 부산 금정구 노포동에 있는 상호를 알 수 없는 주점 앞 도로에서부터 같은 구 구서동에 있는 태광산업 앞 도로에 이르기까지 40모XXXX호 레조 승용차를 200m가량 운전하였다.

2. Forgery of private documents and the display of private documents;

A. On September 1, 2009, the Defendant: (a) on the road in front of the foregoing solar industry, entered the Defendant’s previous conviction and multiple times on the driver’s column of the report site for detection of a driver from the Geum Jong-gu Police Station, which was presented by PC1, as the intention of hiding the Defendant’s previous conviction and multiple times on the road; (b) written the Defendant’s name in color pen and signed the Defendant’s name in front of the name. Accordingly, the Defendant forged the part of the above new C2 driver’s column, which is a private document on proof of fact for the purpose of exercising the right.

B. The Defendant, at the same time and at the same place, has completed the report on the detection of a host driver, which includes the part, to the above C1, who is aware of the forgery.

as if it were established, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. A report placed under the new C2 name of the driver;

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

1. Article applicable to criminal facts;

Articles 231 and 234 of the Criminal Act; Articles 150 subparag. 1 and 44(1) of the former Road Traffic Act (amended by Act No. 9580 of Apr. 1, 2009); Articles 152 subparag. 1 and 43 subparag. 1 of the Road Traffic Act

1. Selection of penalty: Imprisonment;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

The defendant for sentencing reasons has a history of being sentenced to a suspended sentence on October 11, 200 when driving a motor vehicle accident while driving a drinking or non-exclusive license. On February 11, 2004, the defendant was sentenced to a suspended sentence on October 11, 200, and is very bad for driving habits, such as having a record of having been sentenced to a two-year imprisonment, and even after having been sentenced to the above imprisonment, in light of the records of committing the same kind of crime, such as drinking or non-license driving in this case, or committing the same kind of crime, 12 times after having been released from the prison. Thus, the defendant has no good faith.

Judges

Judge Kim Jong-soo