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(영문) 울산지방법원 2016.08.02 2016고단1951
사서명위조등
Text

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

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

Reasons

Punishment of the crime

1. On June 10, 2015, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Ulsan District Court on the part of June 10, 201, and on December 20, 2011, the Defendant issued a summary order of KRW 3 million for the same crime at the Busan District Court on the part of the same offense, and on December 20, 201, the Defendant has the same kind of power more than once.

On June 4, 2016, at around 05:35, the Defendant driven a C motor vehicle under the influence of alcohol level of about 0.054% while under the influence of alcohol level of 0.054% in the blood, without obtaining a driver’s license, from the Defendant’s house located in Ulsan-gun, Ulsan-gun, B to the front of the Ulsan-gun inspection station.

Accordingly, although the Defendant had the history of violating the Road Traffic Act (drinking driving) more than twice, he again driven a motor vehicle while under the influence of alcohol without obtaining a driver's license.

2. At the same time and place as set forth in paragraph 1, the Defendant was required to produce a driver’s license on a motor vehicle because drinking is discovered by a slope D belonging to the traffic safety department of the State Police Station, Ulsan Metropolitan City, when driving it as above.

The defendant presented the first class driver's license under the name of the Commissioner General of the Ulsan-do National Police Agency, which he had been infected, as if he was the driver's license of the defendant.

Accordingly, the defendant did not use official documents.

3. The Defendant, at the same time and time as paragraph 1, submitted the following documents: (a) the Defendant: (b) was required to sign the “E” Report stating the personal information of E from D; (c) without authority; and (d) signed the “F” on the name following the request.

Accordingly, the Defendant forged and used E’s signature for the purpose of exercising the right.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Notification of the results of crackdown on driving of alcohol, statement of the circumstances of driving of alcohol (No. 2 list of evidence), and the register of driver's licenses;

1. Application of the law of reply to inquiries, such as criminal history.

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