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(영문) 울산지방법원 2018.04.12 2018고단63
사서명위조등
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That 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 December 23, 2017, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (dless driving) on the road in front of the “C cafeteria” located in Ulsan-gu B, Ulsan-gu, Seoul-do, without obtaining a driver’s license for a vehicle from a section of about 20 meters in front of the “E cafeteria” located in D, and driving a F 7 car while under the influence of alcohol with a maximum of 0.086% alcohol while under the influence of alcohol.

2. As stated in paragraph 1, the Defendant: (a) was placed in front of the “E cafeteria” road located in Ulsan-gu, Ulsan-gu; (b) was subject to the control of drinking from a slope H affiliated to the Ulsan-gu Police Station G G of the Police Station in Ulsan-gu, Seoul-do for the same reason as indicated in paragraph 1; (c) made a false statement to H as if he was “I”; (d) conducted a drinking test; and (e) written “I” in the driver’s statement column of the driver’s statement of the situation report presented by H.

Accordingly, the defendant has forged I's signature for the purpose of exercising.

3. The Defendant, at the same time, at the same place as indicated in paragraph 2, issued one copy of the Defendant’s report on the circumstances of the driver at the State where the signature was forged, as described in paragraph 2, to the assistant assistant H belonging to the Ulsan-do Police Station G G of the Nam-gu Police Station G, Ulsan-do, who is aware of the forgery, as if it were a document, and exercised it.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving under drinking, reports on the situation of the driver under driving under drinking, and the application of statutes to the ledger of driver's licenses;

1. Article 148-2 subparag. 3, Article 44 subparag. 1 (D. Driving under Drinking) of the Road Traffic Act, Article 152 subparag. 1, Article 43 (U.S. Driving without License) of the Road Traffic Act, Article 239 (1) of the Criminal Act (U.S.’s signature), Article 239 (2) and Article 239 (1) of the Criminal Act (U.S.’s signature) concerning the facts of crime;

2. Formal concurrence, Articles 40 and 50 of the Criminal Act, and the choice of imprisonment, respectively.

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

4. Article 62(1) of the Criminal Act of the suspended execution (for the following reasons, the following reasons are favorable.

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