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(영문) 부산지방법원 동부지원 2017.02.14 2017고단9
사서명위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Although the validity of a driver’s license was suspended from June 8, 2016 to September 15, 2016, the Defendant driving a 2 km car from the 2km section to the front road of the 117 km road, around July 24, 2016, in around July 24, 2016, the Defendant, at around 14:22, driven the 2km car from the 2km section to the 117 km road.

2. The Defendant forged the signature of the company and signed the above investigation at the time of the above day, the Defendant driven the above-mentioned high-speed car on the front road of the 117-dong apartment complex, “The apartment complex of the name-to-face 2,” and controlled it from the police officer D belonging to the Busan East Police Station C District Office, to “the violation of the traffic method of the intersection.”

The Defendant: (a) signed the name of “E” that was known to ordinary places in order to conceal the driver’s signature column of the portable PDA (personal-use information terminal) in order to prepare a penalty payment notification from the above D; (b) signed the name of “E” in order to conceal the driving without the license; and (c) opened the said PDA to D who is well aware of the fact so that the result of the crackdown was transmitted to the traffic police service management system.

Accordingly, for the purpose of exercising authority, the Defendant forged the signature of E without authority, and exercised a forged signature.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes on internal investigation reports (a photograph of the TS screen covering which the suspect’s signature is verifiable);

1. Relevant Article 239 (1) of the Criminal Act, Article 239 (2) and Article 239 (1) of the Criminal Act, Article 239 (1) of the Criminal Act (the occupation of exercising the above investigation signature), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the occupation of driving without a license and the choice of imprisonment) concerning the crime;

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. The reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) and the age, sex, environment of the Defendant.

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