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(영문) 의정부지방법원 2015.08.04 2015고단1204

사전자기록등위작등

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. On April 4, 2015, the Defendant was under the influence of alcohol with a blood alcohol content of 0.107% without a vehicle driver’s license on April 22:53, 2015, and the Defendant driven BSM 3 automobiles at the 200-meter section from the front day of the Sin-si Do government-dong New Market Scambroon to the front day of the same underground car in the same border.

2. The Defendant, in violation of the Resident Registration Act, writing, electronic records, etc., and the former, at the time and time, at the city of the Government-wide border, in front of the underground street set forth in paragraph (1), notified the police officers C belonging to the Gu Government Police Station of his/her personal identification card, who were in advance requested to present his/her personal identification card, of his/her personal identification number and address, and entered and stored the personal identification number and address of the pertinent C, which the Defendant informed to the portable information terminal (PDA), and requested the Defendant to sign on the screen as a result of the drinking driving control, and signed on the driver confirmation column at his/her own discretion using the device pen.

As a result, the Defendant, with the intention to use his resident registration number unlawfully, and to make a business process a record of notification of D's results of drinking driving control in the name of D, which is a prior record of certification of facts, was used by C, who is aware of such a fact, through the internal computer network of the police as if the notification of the result of drinking driving control was duly formed at the seat.

3. The Defendant forged a private document and the uttering of a private document indicated in paragraph (2) at the time and place specified in paragraph (2), stated that “not wanting to collect blood” in the driver’s statement column stating D’s resident registration number and the situation of drinking driving, etc., and affixed D’s signature at will in the name column.

Accordingly, for the purpose of uttering, the defendant is entitled to make a statement on the status of the driver in D name, which is a private document related to the certification of facts.