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(영문) 수원지방법원 여주지원 2013.05.24 2013고단233
사문서위조등
Text

A defendant shall be punished by imprisonment for six 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. On February 24, 2013, the Defendant was driving a B car under the influence of alcohol with a level of approximately 0.082% alcohol level of about 200 meters from the front side of the restaurant “overgoing” located in the Gyeonggi-si, Gyeonggi-si, Gyeonggi-do, to the front side of the said “overgoing” road.

2. The Defendant’s unlawful uttering of official document was found to have driven a motor vehicle while driving the said motor vehicle at the same time and at a place as in the above Paragraph 1, and the Defendant presented a Class D’s first-class ordinary driver’s license under the name of the Defendant who was the birth of the Defendant under the name of the Commissioner of the Police Agency of the Gyeongcheon Police Station, which was in possession of the Defendant who was requested to present the driver’s license from the police officer belonging to the

3. The Defendant forged private documents at the same time and place as mentioned in Paragraph (1) above, which caused the Defendant to be punished for drunk driving, and thus, the Defendant stated “D” in the name column of the driver’s confirmation column of the driver’s circumstantial report, and stamped each side of the name.

Accordingly, for the purpose of exercising a certificate, the Defendant forged a copy of the driver's confirmation document in the name of D, a private document concerning the certificate of fact.

4. The Defendant: (a) submitted to the police officer, who was aware of the forgery on the spot, a falsified driver’s circumstantial report, which was forged, to the said police officer, as if the document was duly formed; and (b) exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. The circumstantial report of an employee;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses of defendants, and copies of D driver's licenses;

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

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