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(영문) 서울북부지방법원 2019.08.22 2019고단2628

사문서위조등

Text

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

Reasons

Punishment of the crime

[criminal power] On July 26, 2018, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Seoul East Eastern District Court on July 26, 2018, and was issued a summary order of KRW 5 million by the same court on October 26, 2018.

【Criminal Facts】

1. On April 26, 2019, the Defendant driven C rocketing car under the influence of alcohol content of about 0.078% without obtaining a driver’s license from the roads adjacent to the Seoul Jung-gu B market, Seoul to the roads adjacent to the Seoul Jung-gu, Seoul Central Government Office, which were located in 271, to the roads adjacent to the same Gu.

As a result, the Defendant, who violated the prohibition on drunk driving more than twice, drives a motor vehicle under the influence of alcohol in violation of the same provision, and simultaneously drives a motor vehicle without obtaining a driver's license.

2. On April 26, 2019, at around 22:12, 2019, the Defendant: (a) while driving as described in the preceding paragraph on the road in front of 271, the Defendant entered “E” in the name column of the part concerning the driver’s statement of the circumstantial statement of the driver’s identity report without authority for the purpose of exercising as if he was the Defendant’s relative E; and (b) submitted the forged written circumstantial statement of the driver’s identity report to the above D, who was aware of the circumstances.

Accordingly, for the purpose of exercising authority, the Defendant forged and exercised the part of the driver’s opinion statement in the name of E, a private document concerning a certificate of fact among the report on the situation statement of the principal driver without authority.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Inquiries about the results of the crackdown on drinking driving (report on detection of drinking drivers), and the circumstantial statement of drinking drivers; and

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