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(영문) 대구지방법원 김천지원 2015.11.05 2015고단912
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

1. On July 12, 2015, at around 02:45, the Defendant driven BM5 car under the influence of alcohol without a driver’s license for about 4km from the name-free studio parking lot located in the Guro-gu, Nowon-gu, Seoul, to the road front of the same time-fluence, while driving BM5 car under the influence of alcohol with about 0.208% of the blood alcohol concentration, without obtaining a driver’s license.

2. The Defendant, at the same time and place as mentioned in the above paragraph (1), discovered that he was aware of the fact that he was a drunk driving to C, at the seat of the Gosi Police Station, with the intention to steal the name of the Defendant’s Nice D.

The Defendant, at the same time and place as mentioned in paragraph (1) above, sent the above D’s personal information to C, and then stated “D” in the driver’s confirmation column of the de facto statement of the de facto driver’s license with a verification-type pen and signed it.

Accordingly, for the purpose of uttering, the Defendant forged the driver's confirmation part of the written report on the driver's status statement, which was made in the name of D, a private document concerning the certificate of fact.

3. The Defendant, at the same time and place as the above paragraph (1) above, delivered the forged report on the state-owned driver status to C as if it were duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement;

1. Application of Acts and subordinate statutes to a report on the situation of running a driving on the main office, a report on the status of a driving on the main office, a statement on the status of a driver on the main office, a written consent to voluntary operation, a disposition to revoke a driver's license,

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

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of running under the Road Traffic Act).

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