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(영문) 광주지방법원 2014.04.29 2013고단4589
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 31, 2013, the Defendant violated the Road Traffic Act: (a) around 23:42, the Defendant driven a motor vehicle under the influence of alcohol level 0.11% of alcohol level 0.1% while under the influence of alcohol level 0.1% without a driver’s license at a section of approximately 500 meters from the front day of the Hannam-dong, Gwangju Mine-gu to the front day of the D Hospital located in the same Gu C.

2. The Defendant: (a) while driving the said vehicle on the front of the D Hospital located in Gwangju Mine-gu, the Defendant entered the Defendant’s pro-friendly “G” as the Defendant-friendly statement, who was requested by the slopeF affiliated with the Gwangju Mine Police Station, who was under the influence of drinking driving, to sign the “driver” column under the “Report on the Statement on the Statement on the State of Poisonous Drivers.”

Accordingly, the Defendant forged another person’s signature for the purpose of exercising the right.

3. The Defendant: (a) submitted the signature of “G” forged as if it were a genuine signature to the said F, who was aware of the forgery at the time, at a place specified in paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. The driver's license ledger (A) and the driver's license ledger of a motor vehicle;

1. Application of Acts and subordinate statutes regarding fingerprint comparison and assessment of the reports on the statement of the situation of a prime driver, G and A;

1. Article applicable to criminal facts;

(a) Drinking: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the same Act.

(c) Forgery of private signature: Article 239(1) of the Criminal Act; Selection of imprisonment.

(d) Exercising a above investigation or signature: Article 239(2) of the Criminal Act; selection of imprisonment;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the crimes of the violation of the Road Traffic Act due to the driving of a motor vehicle by drinking, the crimes of the violation of the Road Traffic Act due to the driving without a license, and the punishment prescribed for the violation of the Road Traffic Act due to the heavy drinking

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. The defendant for sentencing of Article 62-2 of the Criminal Act.

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