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(영문) 창원지방법원 통영지원 2013.04.25 2012고단1062

사문서위조등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. On October 18, 2012, at around 01:08, the Defendant driven a B-car under the influence of alcohol concentration of about 0.056% without obtaining a driver’s license in the section of approximately 500 meters, from the front side of the construction site located in the pentpo-dong at a macro-si, to the front side of the construction site located in the same Dong-si.

2. The Defendant forged private document: (a) while driving the foregoing vehicle while under the influence of alcohol on the roads near the coast above at the time and time specified in paragraph (1) above; (b) was discovered; and (c) was requested by the relevant slope C belonging to the Oral Police Station to verify his identity; and (d) entered “D” in the driver’s report on the circumstantial statement of the driver at the State.

Accordingly, for the purpose of uttering, the Defendant forged a letter of the circumstantial statement of the owner owner driver in the name of D, which is a private document concerning the certification of facts.

3. The Defendant, at the time, at the time, and place specified in paragraph (2) of the above Article, submitted to the above C a false report on the circumstantial statement of the driver who was aware of the forgery, to the said C as if it had been duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the ledger of driver's licenses (A), and the application of statutes of the report on circumstantial statements of drinking drivers;

1. Relevant provisions of Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, and Articles 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act).

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;