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(영문) 서울남부지방법원 2017.06.22 2017노226
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Legal principles are alleged to be erroneous (the part concerning the charge of forging private documents and the charge of conducting the above investigation documents), and only the part concerning the driver's length among the report on the detection of the driver and the circumstantial report on the driver's driving at the State cannot be viewed as a private document separately.

Therefore, the Defendant cannot be punished for the crime of forging private documents and the crime of gambling in the aforesaid investigation document that he/she signed the “F” in each driver’s column of the report on the detection of the driver at the State and the circumstantial report of the driver at the State while driving F (the Defendant’s birth).

B. In light of the fact that the criminal defendant who made an unfair argument in sentencing agreed with F in full with F and thus F does not want to be punished against the criminal defendant, that the criminal defendant did not have any record of punishment for the criminal act of drinking driving, and that the criminal defendant is able to lead a life in good faith without repeating the criminal act in depth and is living in the future, the punishment sentenced by the court below (6 months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below on the assertion of misapprehension of the legal principle, a report on the detection of a driver at the main driving and a report on the circumstances of a driver at the main driving consisting of the controlling police officer to report to the chief of the police station the location and place of drinking, the personal information of the driver at the main driving, the method of measuring the concentration of alcohol during blood and the result thereof, etc., and the statement of the driver at the main driving in the statement of the situation of the driver at the main driving, stating that "the person himself/herself confirms and affixs his/her signature and seal that the above entries are inconsistent with the facts," and the statement of the driver at the main driving, stating that "the person himself/herself is true, and the license is revoked and suspended due to the primary driving, and if the result of the measurement is recognized and unfair, he/she was notified that blood can be collected. He/she signed the blood collection (not to want it).

Each section of the phrase " " shall be signed and sealed by the driver who is controlled under the following subparagraphs (hereinafter the above section).

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