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(영문) 대전지방법원 천안지원 2016.05.20 2016고단329

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

Reasons

Punishment of the crime

1. On March 7, 2016, the Defendant, without a driver’s license of a motor vehicle around 02:36, driven a e-mail vehicle in a section of approximately 300 meters from the front of “C State” located in Northern-gu, Yanananan-si, and driven a e-mail vehicle in a section of approximately 300 meters from the D private distance located in B.

2. The Defendant, at around 02:55 on the same day, 02:0, 00 a.m., 02:55, while driving under the influence of alcohol as stated in paragraph (1) and administered to G police officers belonging to the above F Police box, the Defendant, without authority, stated “H” in the driver column of the main driver’s statement and notification as a result of the control of drinking driving, and forged H’s signature by signing it next to the driver column of the notification for the purpose of exercising the right. In other words, at the seat, the Defendant, without authority, forged the signature of H’s signature to G, and exercised it as if it was duly concluded after completing the report on the situation of the driver’s statement and the notification on the result of the control of drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Notification of the detection of a drinking driver and a report on detection of a drinking driver;

1. Scenic photographs;

1. The driver's license ledger;

1. Notification of the results of regulating driving of drinking alcohol, entry of a statement in the circumstances of drivers of drinking alcohol, and the presence thereof;

1. Application of Acts and subordinate statutes to each investigation report (Evidence 12, 13);

1. Article 239 (1) of the Criminal Act (the point of signing a private signature), Article 239 (2) and Article 239 (1) of the Criminal Act (the point of exercising the above investigation signature), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol), Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant has the same kind of power, and when regulating the driving of drinking, another person's signature is used to avoid punishment.