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(영문) 울산지방법원 2017.11.23 2017고단3445
사서명위조등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 29, 2017, the Defendant driven B K3 cars under the influence of alcohol concentration of about 0.10% without obtaining a driver’s license in a section of approximately one kilometer in front of a half-gu shooting distance located in Jung-gu, Jung-gu, Ulsan-dong, Jung-gu, Ulsan-gu, Seoul-do, Seoul-do, on the road in front of the road for the violation of the Road Traffic Act (driving without a driver’s license) and the Road Traffic Act (driving without a driver’s license).

2. Counterfeiting a private signature and exercising a signature on the investigation;

A. The Defendant: (a) was required to sign and affix a seal on the driver detection report and the situation report of the driver in charge of the State, prepared by Ulsan-gu Department C police officer D, in front of the foregoing act on the road above the half-distance of the above paragraph (1); and (b) was forged by signing, without authority, the name of the driver detection report and the fact-finding report of the driver in charge of the State and the name of the E in the personal name of the driver in charge of the State, as if he were his name.

B. The Defendant, at the same time and place as above, presented the forged signature to D, who is an official of the control police officer, who is aware of the fact, as if it was duly drawn up.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of the driver involved in the driving and a report on the detection of the driver involved in the driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to an investigation report (the details of detection of forgery of a private signature);

1. Article 239 (1) of the Criminal Act (the point of signing a private signature), Article 239 (2) and Article 239 (1) of the Criminal Act (the point of exercising the above investigation signature), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol), Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the crime;

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

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. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is as follows: Defendant is discovered by driving under drinking around May 2017 and driving without a license for drinking alcohol within a short period.

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