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(영문) 서울남부지방법원 2016.08.25 2016고정1669
사문서위조등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 00:10 on March 24, 2016, the Defendant violated the Road Traffic Act (drinking) operated a CM5 vehicle under the influence of alcohol leveling 0.059% of alcohol level in the 1km section from around the 1km section to the front road of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, to the front road of the same Gu.

2. On March 24, 2016, at around 00:15, the Defendant: (a) controlled a vehicle under the influence of alcohol on the front side of Yangcheon-gu Seoul, Yangcheon-gu, Seoul; (b) controlled the vehicle under the influence of alcohol as described in paragraph 1 on the front of the road; and (c) controlled the Defendant’s personal information, who is the Defendant’s pro-friendly E, demanded by Yangcheon Police Station D to verify his identity, face-to-face and checked the driver’s statement in the driver’s statement column.

“E” in the driver’s name column and marked the Defendant’s unmanned on the side of the part stating the “E” above.

Accordingly, for the purpose of exercising authority, the Defendant forged a copy of the State driver’s circumstantial statement report in the name of E, a private document on proof of facts without authority.

3. The Defendant, at the time, at the place specified in paragraph 2, submitted forged documents to D, who is an official of the control police who is unaware of the circumstances, to exercise them.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of controlling the driving of drinking and each entry of a report on detection of the driver;

1. Existing statements made on the circumstances of drivers who are to be placed;

1. Application of Acts and subordinate statutes stating the result of a request for fingerprint appraisal;

1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of drinking and the selection of fines), Article 231 of the Criminal Act (the point of Article 231 of the same Act, the selection of fines), Articles 234 and 231 of the Criminal Act (the point of intent to conduct the above investigation document, the selection of fines) concerning the crime;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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