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(영문) 대전지방법원 2016.10.07 2016고단2415
사서명위조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On July 1, 2016, the Defendant was driving CMW528i car while under the influence of alcohol content of 0.155% without obtaining a driver’s license for a vehicle driving license for about 500 meters in front of the KON department store near Seo-gu Daejeon, Seo-gu, Seo-gu, Daejeon.

2. On July 1, 2016, the Defendant presented a pro-friendly F’s license on the road before KONEX, the Daejeon Police Station D District, which controlled drinking, as prescribed in paragraph (1), on the road before the KONEX, and submitted to the police officer a letter “F” in the name column of the “report on the circumstantial statement of the driver involved in driving,” which was prepared by the police officer E, and then submitted to the police officer a signature next thereto and bound him to file the record.

Accordingly, the defendant did not exercise his driver's license, which is an official document, and forged and exercised his signature of "F".

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on investigation;

1. The circumstantial statement of the employee;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article 239 (1) of the Criminal Act for the crime (the point of private signature) and Article 239 (2) and (1) of the Criminal Act, Article 230 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act for the crime;

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

1. Selection of each sentence of imprisonment with prison labor (excluding the crime of forging private signature, forging, and uttering of perjury or signature);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: When the police was discovered while driving without a license in drinking condition, the defendant's official document while driving the sentence.

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