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(영문) 춘천지방법원 강릉지원 2016.03.16 2015고단481
사문서위조등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal record] On January 9, 2008, the Defendant was sentenced to one year and three months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court, and completed the execution of the sentence in the Daegu Prison on October 2, 2008. On March 21, 2008, the Defendant was sentenced to three months of imprisonment with prison labor for larceny in its deputy branch court of the Daegu District Court, and completed the execution of the sentence in the Daegu Prison on January 2, 2009.

[Criminal facts]

1. On July 27, 2010, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) on the road: (a) driving of the cknife vehicle owned by the cknife vehicle B at approximately KRW 2 km from the street in front of the road to the street trade in front of the cknife car trade in the cknife, under the influence of alcohol content of 0.116% in the blood while under the influence of alcohol while under the influence of alcohol by around 00:54 without a driver’s license.

2. On July 27, 2010, the Defendant: (a) 01:00 on July 27, 2010, 201; (b) went to the police officer affiliated with the said police officer in the Gangnam Police Station E District Office located in Gangseo-si, Gangnam-si; and (c) indicated F as “G” in the driver’s circumstantial statement issued by the said police officer on the driver’s column and affixed a seal onto the driver’s column, and submitted it to the said police officer without knowledge of the forgery; (d) forged part of the “G”’s name, which is a private document verifying the fact of forgery; and (e) exercised it.

Summary of Evidence

1. A protocol concerning the examination of the police officer in G;

1. G statements;

1. Arresting flagrant offenders, a report on detection of drivers of each week, a report on the situation of drivers of the main week, a fingerprint appraisal report, and the register of driver's licenses;

1. A report on investigation (to hear statements by telephone and report);

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (the date of release and the confirmation of the order of execution of punishment);

1. Article 148-2 (2) 2 of the Road Traffic Act and Article 44 of the same Act concerning facts constituting an offense and driving under the influence of alcohol as a decision of the choice of punishment:

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