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(영문) 대구지방법원 2013.08.29 2013고단4245
사서명위조등
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 May 26, 2013, the Defendant driving a B-beer vehicle under the influence of alcohol by at least 0.101% of the blood alcohol concentration on the front of the wave distance near the road in the Daegu Suwon-gu, Daegu-gu, at around 3km-dong, at around 21:12, the Defendant driven a B-beer vehicle under the influence of alcohol without obtaining a driver’s license for the vehicle driving license for approximately 3km-distance.

2. As stated in 1., the Defendant driving a private signature forged as stated in 1.1., resulting in the detection to the Suwon Police Station C of the traffic safety guidance, he was willing to be exempted from punishment by pretending that he was friendly D.

The Defendant, at around 21:19, on the road prior to the so-called PDA on the same day as paragraph 1, at around 21:19, demanded the Defendant to sign the part of the driver’s statement report on the so-called PDA and sign the signature on the so-called PDA machine. The Defendant stated the above PDA machine as “D” with an examination color pen, and stated the above PDA machine as “D”.

Accordingly, the Defendant forged the above D’s signature for the purpose of exercising the right.

3. The Defendant, at the time, at the time, at the place specified in Paragraph 2., exercised the report on the statement of the driver's situation and the report on the drunk driver's statement with the signature forged D, as stated in Paragraph 2., and the so-called PDA machine to Section 2, who was aware of the forgery.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the drinking control;

1. Report on detection of a drinking driver and inquiry into the results of the control of drinking driving;

1. Application of statutes concerning disqualified meetings of the main office;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor for a crime of violation of the Road Traffic Act;

1. Article 37 of the Criminal Code among concurrent crimes.

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