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(영문) 대전지방법원 2013.12.20 2013고단1599

사서명위조등

Text

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

Reasons

Punishment of the crime

1. Around 02:00 on February 1, 2013, the Defendant driving a B K5 vehicle while under the influence of alcohol with a blood alcohol concentration of 0.139% without obtaining a driver’s license from the Do in front of the Nam-gu Daejeon High-dong, Daejeon High-gu, Daejeon to about 10 meters before the road.

2. Private signature, forgery, and uttering of the same;

A. At around 02:20 on February 1, 2013, the Defendant, at the Seo-gu Daejeon Police Station, informed him of the identity of E, who was requested for identification from a slope D, who was investigating whether to drive the above alcohol, and accordingly, forged the signature of the other person for the purpose of exercising the “E” by using the inspection stample to the driver’s column of the Main Police Station written by D, and by using the inspection stample to the driver’s column of the Seo-gu Daejeon Police Station, which was written by D. Around February 1, 2013, the Defendant: (a) issued to D with the knowledge of the fact that he had the above alcohol driver’s report; and (b) issued F with the said alcohol driver’s report as if the genuine signature was written.

B. On February 3, 2013, at around 13:30, the Defendant forged another’s signature for the purpose of exercising “E” by stating that the Defendant’s interrogation protocol was used as an examination color pen on the end of the interrogation protocol of the Defendant prepared by G while being investigated about the suspicion of drunk driving at the office of traffic accident investigation of the Daejeon Daejeon Police Station. On February 3, 2013, the Defendant issued the same interrogation protocol to G who is not aware of the fact as if the genuine signature was written.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Report on detection of a driver and the register of driver's licenses;

1. Investigation report by control police officers;

1. Application of Acts and subordinate statutes to the report on detection of a suspect suspect prepared with personal information as a copy of the protocol;

1. Article 239(1) of the Criminal Act (the point of private signature) and Article 239 of the Criminal Act for criminal facts