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(영문) 의정부지방법원 2020.01.22 2019고단4844
사서명위조등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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. Around 23:45 on July 14, 2019, the Defendant driven a DNA car under the influence of alcohol by 0.071% without obtaining a driver’s license from the front side of Gangdong-gu Seoul Metropolitan Government to the front side of Gurisi-si, and without obtaining a driver’s license.

2. The Defendant: (a) was under suspicion of drunk driving and driving without a license on the front of the road in the Guri-si, Guri-si; (b) took place as if he was the Defendant G, and entered the personal portable information terminal (PDA) signature column connected to the Transport and Police Computer Network and the signature column of the circumstantial report on the driver’s statement; (c) stated the “G” in the signature column of the traffic and the signature column of the written statement on the driver’s circumstantial statement; and (d) presented each forged signature to the said police officer as if it was duly formed.

Accordingly, the defendant forged another person's signature for the purpose of exercising his/her right, and exercised a forged signature.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of the driver, and investigation report (report on the circumstances of the driver);

1. Investigative reports (misappropriation in the name of a suspect), investigation reports, and inquiries into the results of the crackdown on drinking driving;

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

1. Relevant provisions of Article 148-2 (3) 3, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 239 (1) of the Criminal Act, and Article 239 (2) and (1) of the Criminal Act, concerning facts constituting an offense;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment provided for in the provisions of Articles 40 and 50 of the Road Traffic Act between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license) and the crimes of violation of the Road Traffic Act with

1. Selection of each sentence of imprisonment;

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

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