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(영문) 서울남부지방법원 2014.04.18 2014고단607

사서명위조등

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a leisure car B.

1. Around 07:30 on February 15, 2014, the Defendant driven an automobile 14 km from the front side of the Gyeonggi-si, Won-gu, Won-gu, Seoul, to the front side of the export bridge located at No. 703 additional Dong-dong, Geumcheon-gu, Seoul, while under the influence of alcohol with a blood alcohol content of 0.089% without a driver’s license.

2. At the office of the Seoul Geumcheon Police Station, the Defendant: (a) entered the name of the Defendant D, who was the birth of the Defendant, in the form of “the circumstantial statement of the principal driver”; (b) forged one copy of “the circumstantial statement of the principal driver” in the name of D, which is a private document related to the certification of facts, with the intention of exercising the said name, and exercised it to the said assistant C by delivering the “the circumstantial statement of the principal driver” report to the said assistant C, who is unaware of the fact, as genuinely constituted.

3. The Defendant, at the time and place specified in paragraph 2, continuously prepared and presented to the Defendant a notice of the result of the drinking driving control of D using a personal portable information terminal (PDA), and forged a private signature without authority for the purpose of exercising D’s digital signature on the signature column of the above personal portable information terminal, and presented it to the said slope C the notice of the result of the drinking driving control to the said slope C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, inquiry into the results of the control of drinking driving, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to the notification of the results of the control of drinking driving (D), the report on the state of drinking drivers' standing statement (D);

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning criminal facts;