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(영문) 창원지방법원 2015.10.28 2015고단717
사문서위조등
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 January 25, 2015, the Defendant: (a) driven a B-freight under the influence of alcohol concentration of 0.147% without a vehicle driver’s license at a section of about 1km from the front of the 1km back to the cooling bridge located in the same west in front of the refluence of the road at the seat of the Kimhae-si, Kimhae-si on January 22:25, 2015.

2. At around 23:01 on the same day as the preceding paragraph, the Defendant: (a) controlled a drinking-driving on the above sloping bridge; and (b) signed the driver’s report on the situation of the driver’s driver and the driver’s detection report on the driver’s exposure report presented by the sloping C belonging to the Transport Control System of the Police Station Kimbu, stating the “D” in the driver’s column using the test-

Accordingly, for the purpose of exercising a certificate, the Defendant forged each of the following categories: D's report on the circumstantial statement of the driver, and the driver's confirmation column of the detection report of the driver, which is a private document related to the certification of facts.

3. The Defendant: (a) delivered the forged document to the said Assistant C, who was aware of the forgery at a time and at a place as referred to in paragraph (2), as if it were a document duly formed; and (b) exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a suspect for drinking and a certified copy of removal;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

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

1. Relevant legal assistance in the crime: The act of forging private documents and holding such private events: Article 231 of the Criminal Act and Article 234 of the Criminal Act: The occupation of driving under influence of alcohol under Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Aggravation concurrent crimes;

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