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(영문) 광주지방법원 2014.12.05 2014고단3491
사문서위조등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. On October 28, 2010, the Defendant has a record of being sentenced to a fine of KRW 2 million by the Jeonju District Court for a violation of the Road Traffic Act (driving) and a person who has been sentenced to a fine of KRW 1.5 million by the Gwangju District Court on August 7, 2013 (driving) at the Gwangju District Court on August 7, 2013.

At around 06:40 on August 1, 2014, the Defendant driven a B-to-purd passenger vehicle from approximately 50 meters away from the G-to-Yandong, Seo-gu, Gwangju, to the G-to-Yon roads in front of the gas station in the same Dong-dong, while under the influence of alcohol of 0.057% of alcohol content.

2. On the same day, at around 07:30 on the same day, the Defendant: (a) was controlled by drinking driving as in the preceding paragraph; (b) was punished by drinking driving while being examined by the slope D belonging to the said district police station at the office of the Busan Seo-gu Police Station, Gwangju; and (c) was stated “E” in the name column of the report on the circumstantial statement of a drinking driver; and (d) signed on the name next to the said name.

Accordingly, the Defendant, for the purpose of exercising a certificate of fact, forged one copy of the circumstantial statement report in E, which is a private document related to the certification of fact, and submitted it to the above D, who is aware of the forgery, as seen above, as if it were duly formed.

40 80 80

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports, and the use of legal age;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act applicable to criminal facts and Article 148-2 (1) of the relevant criminal facts and Article 148-2 (1) of the Road Traffic Act (the occupation of running a sound driving, the choice of imprisonment), Article 231 of the Criminal Act (the occupation of aiding private documents, the choice of imprisonment), Articles 234 and 231

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

1. The error of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act is made.

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