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(영문) 수원지방법원 안산지원 2018.03.21 2018고단487
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 27, 2017, the Defendant was driving a B-learning car without a driver’s license, under the influence of alcohol concentration of 0.103% in blood, while under the influence of alcohol level of 0.103% in a water resources construction distance from the road surface to the water resources construction distance in the same region from the road surface to the 500-meter-dong, Sinsi-si, Sinri-si on the ground that: (a) the Defendant violated the Road Traffic Act (b) and the Road Traffic Act (a non-licensed driving).

2. On December 27, 2017, around 01:04, the Defendant: (a) placed a seal on the street in front of the shooting distance from the Korea Water Resources Corporation, Sinsi-dong; (b) was required to prepare the driver’s statement column of the driver’s statement report from the guard of the Sinung-gu Police Station at the time when the driving of alcohol was under the control of drinking; and (c) was placed on the day by using a verification-type pen; and (d) was marked on the day by using a verification-type pen; and (e) was marked on the name column as “E”.

Accordingly, for the purpose of exercising, the Defendant forged a copy of the State driver’s circumstantial statement report in the name of E, a private document on proof of facts.

3. The Defendant, at the time and place specified in paragraph 2, exercised the said investigation document as if he were a document that duly formed a falsified driver’s report, as described in paragraph 2, to D, who was aware of such forgery.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Statement of the circumstances of the driver involved in driving;

1. An output paper;

1. The driver's license ledger (defendants in the application of statutes);

1. Article 148-2 (2) 2, Article 44 (1) (driving of Drinking), Article 152 (1), Article 43 (Unlicensed Driving), Article 231 (Counterfeit of Private Document) and Article 234 (Exercise of Private Document) (Selection of Imprisonment with Labor) of the relevant Act on the grounds of criminal facts;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act (the defendant is sentenced to a fine for driving without a license in 2016 due to drinking in 2015).

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