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(영문) 광주지방법원 2018.12.13 2018고단3170
사서명위조등
Text

A defendant shall be punished by imprisonment for one year.

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 January 8, 2007, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 2,00,000 as a fine for a violation of road traffic laws at the Gwangju District Court on the grounds of a violation of the Road Traffic Act, and on August 27, 2013, the Seoul District Court issued a summary order of KRW 3,000,00 as a fine for a violation of road traffic laws at the Seoul District Court on August 27, 2013.

On July 20, 2018, under the influence of alcohol level of 0.124% in blood without a driver's license on July 20, 2018, the Defendant driven, without a driver's license, the first 100-meter driver's driver's license from the front of the Fomer in Young-gun E before South Young-gun, to the front of H located in Young-gun G.

2. On July 20, 2018, the Defendant, while driving under the influence of alcohol as above, she controlled K who is a police official belonging to the Mine Police Station J before the above H, and stated “L” in the gender column of the driver’s statement report at around July 23:43, 2018, and issued it to K without authority for the purpose of exercising the said circumstances, and forged the signature of L’s name and exercised it without authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger (the sequence 14 of evidence list);

1. Previous convictions in judgment: Application of an inquiry letter, each summary order, and each statute;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning criminal facts, Article 239(1) of the Criminal Act, Article 239(2) and Article 239(1) of the Criminal Act concerning the act of crime (a point of drinking), Article 44 subparag. 1, Article 152 subparag. 1, and Article 43 of the Road Traffic Act (a point of exercising the aforementioned signature);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to the crimes of violating Road Traffic Act and the crimes of violating Road Traffic Act (non-licenseed Driving);

1. Selection of sentence of imprisonment with prison labor for a crime of violating the traffic laws on the selective road;

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 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 (1) of the Criminal Act concerning the observation of protection and order to attend lectures;

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