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(영문) 서울남부지방법원 2017.05.18 2017고단766

사서명위조등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 14, 2013, the Defendant was issued a summary order of KRW 4 million at the Seoul Eastern District Court for a crime of violation of Road Traffic Act (driving) and KRW 4 million for the same crime at the Seoul Southern District Court on February 17, 2016.

[Criminal facts]

1. On November 8, 2016, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license), without obtaining a driver’s license in a section of about 800 meters from the road adjacent to the northwest-west, west-do, Seocheon-si, Busan, to the road adjacent to the northwest-do, Seocheon-do, Seocheon-si, to the 386-do, Seocheon-do, and driving C SP car while under the influence of alcohol concentration of about 0.095%.

2. Forging a private document;

A. On November 8, 2016, the Defendant committed a crime, such as Paragraph 1, voluntarily accompanied to the E District of the Gyeonggi-gu Gyeonggi Fire Station E District Police Station in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, with an intention to avoid the Defendant’s punishment by undergoing an investigation in the name of pro-friendly F.

At around 04:41 on November 8, 2016, the Defendant signed the document of voluntary accompanying consent that became F, and then sealed the Defendant’s fingerprint, and followed up the Defendant’s circumstantial statement report stating the Defendant’s drinking driving, alcohol concentration in blood, and the notification letter stating the result of the crackdown on drinking driving.

Accordingly, the Defendant, for the purpose of uttering, respectively stipulated the F’s name of “written consent to voluntary accompanying,” “written statement of the driver in charge of driving,” and “written notice of the result of the crackdown on the driving of drinking alcohol.”

B. On November 10, 2016, the Defendant entered F’s signature in the “Electronic Processing Consent” stating the content of consent to the use of an electronic document in summary proceedings, from the G community of the Seocheon-gu Police Station G of the Gyeonggi-do Police Station G, which was around 11:10, Seocheon-si, Seocheon-si, 16, about November 10, 2016.

Accordingly, for the purpose of uttering, the Defendant forged the F of “Electronic Processing Consent”, which is a private document to prove facts.

3. Exercising the relevant investigation document;

A. November 8, 2016