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(영문) 서울남부지방법원 2014.05.22 2014고단1131
사서명위조등
Text

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

except that 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 19, 2014, the Defendant: (a) driven a B mountain-pon vehicle with a blood alcohol concentration of about 0.151% while under the influence of alcohol without obtaining a driver’s license at the section of about 250 meters from the same day from the day before the Gangseo-gu Office of Gangseo-gu Seoul Metropolitan Government, the Gangseo-gu Office of Gangseo-gu, Seoul Metropolitan Government, to the 957-wing-dong, Gangseo-gu, the same day; and (b) around 22:41 on the same day.

2. Illegal uttering of official document was controlled by drinking-driving while driving as described in paragraph (1) above, and the defendant was demanded to present his/her identification card by C during the process of his/her assignment in the Gangseo Police Station.

The defendant, who is a public document in possession, presented the defendant's resident registration certificate under the name of the head of Yeongdeungpo-gu Seoul Metropolitan Government Office, as if he was the defendant's resident registration certificate.

Accordingly, the defendant did not use official documents.

3. The Defendant presented D’s resident registration certificate as described in paragraph 2 of the above provision and stated “D” without authority in the signature column of each of the above documents, which was demanded by C police officers in charge of the above crackdown to sign a report on the circumstances of drinking drivers and a certificate of drinking control.

Accordingly, the defendant has forged another's signature for the purpose of exercising the right.

4.The Defendant, at the time, at a place specified in paragraph 3 above, exercised each of the following events: (a) as if the Defendant had completed a false statement of the circumstances and a certificate of drinking control with a forged private signature as stated in paragraph 3 above, to the police officer C of the above crackdown, who was aware of the forgery.

Summary of Evidence

1. Defendant's legal statement;

1. Each certificate of drinking control;

1. A report on detection of each host driver;

1. The circumstantial statement of each host driver;

1. A criminal investigation report;

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

1. Article 152 Subparag. 1, Articles 43, 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 230 of the Criminal Act concerning criminal facts;

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