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(영문) 인천지방법원 2014.05.07 2014고단1755
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

On December 25, 2013, at around 22:13, the Defendant, without a driver’s license, driven D car at a 100-meter level from the front day of the sea water bath distance located in the Incheon Bupyeong-gu market without a driver’s license, to the front day of the same f29 square bridge located in Bupyeong-dong 629, Bupyeong-dong.

The defendant, who was in possession of a person who was requested to present his identification card by drinking driving at the above date and at the above place, presented his official document E, a public document under the name of the Commissioner of the Gyeonggi Provincial Police Agency, as if the defendant was the driver's license.

Then, at the above date, at the above time and place, the Defendant: (a) prepared a notice of the result of drinking driving control using the PEA by the superintendent of the Incheon Bupyeong Police Station; and (b) demanded the Defendant to sign the confirmation letter; (c) entered the notice into the confirmation column with the electronic signature “E”; (d) written the “E” in the driver’s column of the report on the circumstantial statement

Accordingly, the Defendant, without a driver’s license, driven a motor vehicle while under the influence of alcohol, illegally uses a driver’s license for E, which is an official document, and, for the purpose of handling business affairs, submitted a written notice of confirmation of the results of drinking driving control, which is a prior recording in the E’s name related to the certificate, and submitted it to the Defendant for the purpose of exercising the right.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Report on detection of a drinking driver, report on the status of each drinking driver, and report on the results of the regulation of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, Article 43 of the Road Traffic Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning criminal facts.

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