logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.01.08 2018고단6135
사서명위조등
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

1. Around 14:50 on September 20, 2018, the Defendant driven a vehicle Ci30-car without obtaining a driver’s license in a section of about 10.2 km from the front of the Do in Osan City to the front of the 15:30 on the same day from the Do in 15:30 on the same day.

2. On September 20, 2018, the Defendant, at around 15:30, entered the name and resident registration number (G) of F while carrying out the act as if the Defendant’s mother was F in order not to be discovered due to drinking and driving without a license, and then entered the “F” into the driver column of the Personal Information Terminal (PDA) presented by E, after receiving a traffic accident report in front of the said train on the road before it was sent to the scene. On September 20, 2018, the Defendant signed the “F” with an electronic pen, and then sent it to the transport computer network.

Accordingly, the defendant, for the purpose of exercising authority, forged the F's signature without authority and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the accident site photograph;

1. Registers of driver's licenses;

1. Notice of the results of the drinking driving control, each statement on the results of the drinking driving control, and the presence of each protocol;

1. Application of investigative reports (Driver-specific Acts and subordinate statutes);

1. Relevant Article of the Criminal Act, subparagraph 1 of Article 152, Article 43, Article 239 (1) of the Criminal Act, Article 239 (2) and Article 239 (1) of the Criminal Act, which provides for the relevant Article of the Road Traffic Act, the selection of punishment for a crime, or the selection of punishment;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is the case where the Defendant, whose driver’s license was revoked on April 7, 2016 due to drunk driving, drives without a license.

arrow