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(영문) 창원지방법원 2016.08.23 2016고단1872
사서명위조등
Text

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

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

Reasons

Criminal facts

1. On March 10, 2016, the Defendant was driving a B K5 vehicle under the influence of alcohol level of 0.160% in the blood alcohol level of 0.160%, without obtaining a driver’s license, on the 3km section from the road near the entrance of the Mat Parking Lot to the road in the Kim Sea from the 3km-dong in the Kim Sea-si, the Defendant was driving a B K5 vehicle under the influence of alcohol level of 0.160% in the blood alcohol level of around 0.160%.

2. On March 10, 2016, the Defendant illegally utteringed official document documents (e.g., a clerical error in the indictment) around 02:05, around 02:05, the Defendant: (a) controlled the Defendant by drinking on the road in front of Lone Star; and (b) Kim Jong-dong’s first class driver’s license certificate was finished to the traffic control assistant C of the next police station; and (c) subsequently, the Defendant unlawfully used official document by presenting the first class driver’s license certificate in advance to the assistant C of the traffic control division in his/her own manner.

3. The Defendant was requested by C to verify the principal driver’s circumstantial statement report at the time and place specified in paragraph 2.

The defendant stated D's name in the statement report on the situation of the driver's driver at the workplace and stated D's name on the next side, and submitted C with it.

Accordingly, the defendant forged and used D's private signature for the purpose of exercising it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Reporting on detection of suspects in violation of traffic laws on roads;

1. A report on the detection of a primary driver (Counterfeiting);

1. A statement on the circumstances of the driver's license in the main place;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driver's License Register (A);

1. Article 239(1) and (2) of the Criminal Act applicable to the facts constituting an offense (which means the forgery of a private signature and the exercise of a signature on the charge), Article 230 of the Criminal Act (which means the use of an official document), Article 148-2 subparag. 2 and Article 44(1) of the Road Traffic Act (which means the use of drinking), Articles 152 subparag. 1 and 43 of the Road Traffic Act (which means the use of a non-license)

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

1. Punishment;

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