2013 Highest 9252 Violation of the Road Traffic Act (driving) and violation of the Road Traffic Act (Non-license)

(Operation), forgery of private signature, and uttering of a false investigation signature;

2014 Highest 8262(combined)

anti-driving (driving) and violation of the Road Traffic Act (Unlicensed Driving);

Violation of the Guarantee of Automobile Accident Compensation Act

A

Han-young (Public prosecution), Seo-young (public prosecution), and Park Young-young (public trial)

Attorney B (Korean National Assembly)

November 24, 2014

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

“2013 Highest 9252

1. Violation of the Road Traffic Act and violation of the Road Traffic Act;

On August 19, 2013, at around 22:13, the Defendant driven a C-wing truck with blood alcohol concentration of about 0.097% without obtaining a driver's license from the front of the Kupo Airport located in the Northern-dong, Busan, to the front of the old subway Station located in the same Dong from around 100 meters.

2. Forgery of private signature, and uttering of a falsified investigation or signature;

At the time, at the time, and at the place specified in the preceding paragraph, the Defendant was subject to the Home Notes Control from D in the Busan Northern Police Station Police Station. The Defendant requested the aforementioned D to prepare the information disclosure report of the driver and the circumstantial statement of the driver, and each of the above documents stated the name of E in the “driver” column, forged the above E’s signature without authority for the purpose of exercising the name of E, and used it on the same page to deliver it to D who is unaware of such forged name.

“2014 Highest 82624

On April 9, 2014, the Defendant was sentenced to a fine of five million won due to the charge of forging private documents at the Ulsan District Court on April 9, 2014, and was sentenced to three times as a crime of violation of the Road Traffic Act (unlicensed Driving) and one time as a crime of violation of the Road Traffic Act (driving).

1. Violation of the Road Traffic Act and the Road Traffic Act;

On August 8, 2014, 22:23 around 22:23, 2014, the Defendant driven a Crash vehicle with an alcohol level of about 700 meters, without obtaining a driver's license, while under the influence of alcohol level of 0.110%.

2. Violation of the Guarantee of Automobile Accident Compensation Act;

The Defendant, at the same time and place as above, driven the Ray Ray that was not covered by mandatory insurance.

3. Forgery of a private signature;

On August 3, 2014, at around 22:42, the Defendant: (a) was under drinking control from the sloping F, a slope belonging to the Busan Northern Police Station, at the entrance of the North Korean forest apartment, and (b) was under drinking control; (c) was concealed the fact that the Defendant was under drinking; and (d) went to E, a birthee; and without authority, entered the name of “E” in the column of the driver of the circumstantial statement statement in the state of driver; and (d) marked the Defendant’s unmanned on the next side without authority. The Defendant forged the above E’s signature without authority for the foregoing purpose.

4. Exercising the above investigation signature;

The Defendant, at the time and place specified in paragraph (3) of the facts charged, submitted to the above F a report on the circumstantial statement of the said driver who forged his signature as above, and exercised it.

Summary of Evidence

[2013 Highest 9252]

1. Defendant's legal statement;

1. Request for re-preparation of revised data, such as drilling of revised data, the ledger of driver's licenses, suspect interrogation protocol (for E-name), report on the circumstances of drinking driving, inquiry into the results of drinking driving control, inquiry into the facts of drinking driving control, report on de facto driving of drinking drivers, report on de facto driving of drinking drivers, and report on de facto driving driving, etc. [200 high-class82];

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to the reports on the results of the control of drinking driving, the reports on the state of drinking drivers, the register of driver's licenses, the mandatory insurance, the results of the control of drinking driving, and the reports on the state of drinking drivers' standing and statement (after the correction);

1. Article applicable to criminal facts;

Article 239(1) of the Criminal Act (the point of private signature, imprisonment with prison labor), Article 239(2) and (1) of the Criminal Act (the point of exercising the signature of the above investigation), Article 148-2(2)3, and Article 44(1) of the Road Traffic Act (the previous point of imprisonment, the choice of imprisonment), Article 152 subparag. 1, and Article 43 of the Road Traffic Act (the point of driving without a license, the choice of imprisonment), Article 46(2)2, and Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating cars without mandatory insurance, the choice of imprisonment)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

The reason for sentencing of Article 62(1) of the Criminal Act is that the defendant is driving under the influence of alcohol without a driver's license, and when regulating, it is not good to the nature of the crime of this case, such as taking advantage of the name of Dong E, which is the same student, but it is not against the defendant, the defendant is not more than the degree of drinking, the defendant has no criminal records of punishment exceeding the fine for the last ten years, and the defendant has no criminal records of punishment for the last ten years, and the various sentencing conditions as shown in the argument

It is so decided as per Disposition for the above reasons.

Judge Benefitshos