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(영문) 인천지방법원 부천지원 2016.08.26 2016고단1671
사서명위조등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 7, 2016, the Defendant: (a) was driving a C rocketing car under the influence of alcohol leveling 0.107%, without obtaining a driver’s license, on a section of about 500 meters from the 500-meter radius from the road near the New-dong, Seocheon-gu, Seocheon-gu, Seocheon-gu; and (b) the Defendant was driving a C rocketing car under the influence of alcohol leveling 0.107% in blood.

2. The Defendant forged the signature of the company, and signed the above investigation at the time and place specified in Paragraph 1, as stated in Paragraph 1, and controlled driving by drinking, etc. at a place specified in Paragraph 1, and notified him of the results of driving control (PDA), the driver’s circumstantial statement report, and blood collection consent without authority, and the Defendant was demanded to sign the name of E with the Defendant’s birth without authority to exercise, thereby forging another’s signature, and exercised the forged private signature by presenting it to the above D with the intention to know that it was forged.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, report on the results of crackdown on driving under drinking, report on the management of reports on driving under drinking, report on the circumstances of the driver under driving under drinking, written consent to blood collection, written alcohol appraisal during blood, and register of driver's licenses;

1. Application of Acts and subordinate statutes to reports on the detection of drivers and investigation reports (the aforementioned dmark);

1. Article 239 (1) and (2) of the Criminal Act applicable to the facts constituting an offense (the forgery of and the use of such a signature), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the use of drinking), Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the use of a unauthorized driving) concerning the facts constituting an offense;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (non-licenseed driving), and the punishment provided for the crimes of violation of the Road Traffic Act, of which punishment is heavier;

1. Selection of imprisonment with prison labor, except for the crimes of forging or forging selection of punishment and accompanying death;

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

1. Article 62 of the Criminal Act:

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