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(영문) 인천지방법원 2014.09.25 2014고단3911

사서명위조등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. On May 6, 2014, the Defendant driven a vehicle that was under the influence of alcohol with a blood alcohol concentration of 0.073% while under the influence of alcohol without obtaining a driver’s license from a section of approximately 1.5m from a section of approximately 1.5m to a road front of the Northwest-gu, Jungcheon-gu, Seoul Metropolitan City, Do, Buk-do, Do, to the front of the Northwest-do, 757.

2. The Defendant: (a) discovered at the above date, time, and place of drinking driving, etc. at the above time, and requested the signature of the Incheon Jung-gu Police Station Guard Guard, the police station guard, and the police officer of the traffic safety department C to enter the inquiry report on drinking driving and the report on the actual state of drinking driving; (b) made the above C to enter the name “D” in the “driver” as a result of the control of drinking driving; and (c) made the said C to enter the name “D” in the name of the Defendant; and (d) continuously signed the Defendant’s signature after entering the Defendant’s name “D” in the report on the actual state of drinking driving; and (e) made the signature of D with the Defendant affixed, respectively.

3. The Defendant, at the above date and place, submitted to the above C a written report on the results of the influence of drinking driving and the statement on the state of drinking drivers, stating a forged D’s private signature at the above time and place, and used the forged signature of the said D as if it were a document duly signed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on detection of a host driver;

1. Report on the results of the crackdown on drinking-driving (D), the circumstantial statement of the drinking-driving driver (D), and investigation report;

1. Application of the statutes on the register of driver's licenses;

1. Article 239(1) and (2) of the Criminal Act applicable to the facts constituting an offense (the forgery of a private signature and the use of a false investigation or signature), Article 152 Subparag. 1, Article 43, Article 149-2(2)3, and Article 44 of the Road Traffic Act.