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(영문) 울산지방법원 2012.11.23 2012고합449
사문서위조등
Text

The sentence of sentence shall be suspended for the defendant.

To order the defendant to be put on probation.

Reasons

Punishment of the crime

On April 26, 2010, the Defendant received a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) from the Ulsan District Court on April 26, 201, and on May 22, 2012, the above court received a summary order of KRW 5 million as a fine for the same crime.

1. On September 24, 2012, at around 22:20 on September 24, 2012, the Defendant driven an EM5 vehicle under the influence of alcohol concentration of 0.064% without obtaining a driver’s license in a section of about 400 meters from the Ulsan-dong C apartment parking lot to the front day of the sales store.

2. When the Defendant was found to have a slopeF belonging to the Ulsan-dong Police Station of the traffic safety department of the Ulsan-dong Police Station while driving under influence of alcohol at the front of the above sales store, the Defendant entered the report on the driver's confirmation column of the driver's statement of the Jeju-dong Police Station and the written statement submitted from the above F in the driver's statement column of the written statement in black color.

Accordingly, the defendant has forged his signature without authority for the purpose of exercising his right.

3. The Defendant, at the same time and place as set forth in paragraph (2), issued a false report and a statement to the aforesaid F, who was unaware of the forgery, to the said F, as if the report and the statement were duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Registers of driver's licenses;

1. A report on detection of a host driver;

1. Statement of the circumstantial statements and written statements of the host driver, and his/her presence;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) (a point of sound driving), Article 152 subparagraph 1, Article 43 (a) of the Road Traffic Act concerning criminal facts, Article 239 (1) of the Criminal Act, and Article 239 (1) of the same Act, respectively;

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