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(영문) 서울남부지방법원 2017.02.28 2016고단331
사서명위조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On May 8, 2015, the Defendant: (a) violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license); (b) driven a CM5 vehicle without obtaining a driver’s license for a vehicle while under the influence of alcohol content of approximately 0.058% at a section of about 2km from the road located in the Han-si, Seocheon-si, Seocheon-si, Seocheon-si, Seoul to the front road; and (c) drive a CM5 vehicle without obtaining a driver’s license.

Accordingly, the defendant was driving alcohol while driving without a license.

2. Around May 23:25, 2015, the Defendant: (a) was aware of driving alcohol on the front road of Seocheon-gu, Seocheon-gu; and (b) was asked questions about personal information from E at the Gyeong-gu, Seocheon-gu, Seocheon-gu, Nowon-gu, Police Station D’s seat; (c) was carried out as if he was F; and (d) signed the “F on the driver’s name column of the report on the circumstances of driving under the circumstances of driving under the influence of the State; and (d) issued the report on the circumstances of driving under the State, stating that the forged signature was duly formed, to E, who was aware of such forgery.

Accordingly, the defendant forged another person's signature for the purpose of exercising it and exercised it.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Report on detection of a driver at the main place, report on the circumstances of driving at the main place, and application of statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3, Article 44 (1) of the relevant Act on the Traffic of Roads (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 239 (1) of the Criminal Act (the point of driving a private license), Article 239 (2) of the Criminal Act (the point of driving a private license), Article 239 (2) of the Criminal Act for criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of sentence of imprisonment with prison labor for a crime of violating the traffic laws on the selective road;

1. The reason for sentencing and the use of a third person’s signature after driving a license without permission under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which are not good quality of the crime, and are punished several times for the same crime.

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