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(영문) 서울중앙지방법원 2013.12.31 2013고단6880
사문서위조등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 02:30 on August 21, 2013, the Defendant driven a vehicle of 0.102% of the blood alcohol concentration without a vehicle driver’s license from the road located in Guro-gu Seoul Metropolitan Government to the road located in Dongjak-gu, Seoul Metropolitan Government Nowon-gu to the road located in 13-8 of the Nowon Noise and Vibration 13-8.

2. The Defendant forged private document, at the time and place specified in paragraph 1, stated that he was punished as he was subject to the crackdown on drinking driving from a slope D belonging to the Dongjak Police Station in Seoul, and that he was able to keep his life E, and that he stated his personal information to D.

The Defendant stated D’s resident registration number, etc. in E based on the Defendant’s statement, and stated D’s respective driver’s name column in the report on the state-employed driver’s statement, and written consent to collect blood as E, and affixed each seal on the name side.

Accordingly, for the purpose of exercising a certificate of fact, the defendant has forged one copy of the report on the statement of the status of the driver in the name of the above E, and one copy of the written consent to collect blood respectively.

3. At the time and place specified in paragraph (1), the Defendant: (a) submitted a forged report on the statement on the state of his driver; and (b) a written consent to blood collection as if he were duly formed with D, each of them was held.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, such as inquiry into the results of crackdown on drinking driving, report on the circumstantial statement of a drinking driver, consent to blood collection, written blood alcohol appraisal, report on detection of a drinking driver, and report;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1), subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Articles 231 and 234 of the Criminal Act concerning criminal facts;

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

1. Selection of each alternative fine for punishment;

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

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