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(영문) 대전지방법원 2016.11.01 2016고단2385

사서명위조등

Text

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

On August 13, 2012, the defendant was sentenced to a fine of 300,000 won for a violation of the Road Traffic Act at the Daejeon District Court on August 13, 2012, and has five criminal records of the same kind.

1. On June 25, 2016, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) driving GTS 100 meters around the Seo-gu, Daejeon, while under the influence of alcohol by 0.072% of the blood alcohol concentration without obtaining a driver’s license around 00:47 on June 25, 2016.

2. At around 01:00 on June 25, 2016, the Defendant: (a) informed I of the personal information of pro-friendly J on the roads above F, as set forth in paragraph (1) of the same paragraph; (b) signed the “J” on the driver’s signature column of the police officer’s portable information terminal (PDA); (c) around that time, the name of J was arbitrarily stated in the name column of the “report on the circumstantial statement of the PD driver.”

In addition, the Defendant submitted to the police officer the “Notification of the Results of Regulatory on Drinking Driving Regulations” and the “Report on the Statement of Stoping Drivers,” which the J attached to the records.

Accordingly, the defendant has forged the signature of "J" and exercised a forged private signature.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, such as the criminal place, criminal fact-finding, arrest report of a person suspected of violating the Road Traffic Act (additional), arrest report of a person suspected of having violated the Road Traffic Act, detailed statement of control, field photograph of control, notification of the results of the crackdown on drinking driving, report on the driving of a drinking driver, report

1. Relevant Article 239 (1) of the Criminal Act for the crime (the point of private signature) and Article 239 (2) and (1) of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 and Article 43 of the Road Traffic Act for the crime;

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

1. Selection of penalty;