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(영문) 울산지방법원 2015.11.11 2015고단1955

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

Reasons

Punishment of the crime

1. Around 23:10 on May 24, 2015, the Defendant driven DSM3 automobiles while under the influence of alcohol for about 0.156% of blood alcohol concentration without obtaining a driver’s license from the front side of the light village apartment road in Ulsan-gu, Ulsan-gu to the front side of the hospital located in the same Gu and located in the same Gu B.

2. When the Defendant, at the front of C Hospital in Ulsan-gu, Ulsan-gu, Seoul-do, had a drunk driving as above, and had a drinking test conducted a drinking test by regulating it from a slope E of the traffic safety system at the Ulsan-gu, Ulsan-gu, Police Station, and so on, he had the mind that the driving without a license was hidden.

The Defendant: (a) had a traffic control police officer enter personal information, such as F’s resident registration number, into the PDA, a portable device for traffic control, and (b) signed as if the Defendant was F, and then submitted the aforesaid PDA, stating the signature, to E as if the signature was a genuine signature.

Accordingly, for the purpose of exercising, the Defendant forged the signature of F, which is a private signature, and exercised a forged private signature.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the qualification of an employer-employed driver, and the report on the status of an employer-employed driver (No. 11);

1. A copy of the report on the actual state of driving under the influence of alcohol (No. 4), the report on the actual state of driving under the influence of alcohol (No. 5), the report on the results of the control of drinking under the influence of alcohol (No. 6);

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 239 (1) of the Criminal Act, and Article 239 (2) and (1) of the Criminal Act concerning facts constituting an offense;

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

1. Punishment;