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(영문) 의정부지방법원 2016.10.07 2016고단2341
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. Although the validity of the driver’s license is suspended from April 12, 2016 to May 31, 2016, the Defendant, from May 31, 2016, driven a CEX car under the influence of alcohol of about 500 meters from the front day of the packing horse in which the trade name in the sub-dong of Yangju-si cannot be known on May 31, 2016 to the clean prior road located in the 1600-day peace in Yangju-si, while driving the CEX car under the influence of alcohol of about 0.054%.

2. Around 05:41 on May 31, 2016, the Defendant: (a) stated the name name “F” in the driver’s statement column of the report sheet stating that the Defendant, without authority, entered the name “F,” which is an friendly factor in the name column of the driver’s statement in the form of the report sheet stating that, on the same day, the Defendant signed F in both sides, and immediately knew of the forgery on that page, the Defendant was the signature of F with the signature of the F, which is the genuine signature of F, as above, for the purpose of exercising the control over the charge of drinking driving by E, which was punished for drinking driving in the past, on the back of the clean line of 1600 at the time of peace; and (b) stated the forged signature of the F in the form of the report sheet stating the driver’s opinion.

Accordingly, the Defendant forged F’s signature and used a forged F’s signature.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. The driver's license ledger;

1. A report on investigation, on-site photograph;

1. Entry in the circumstantial statement report on a host driver and the application of the existing Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 3, 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 each sentence of imprisonment;

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