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(영문) 대구지방법원 서부지원 2015.01.30 2014고단1761
사서명위조등
Text

A defendant shall be punished by imprisonment for six 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. Around 23:00 on September 30, 2014, the Defendant was driving B NEW EF rocketing or another vehicle while under the influence of alcohol with approximately 0.158% of alcohol without obtaining a driver’s license from the front side of the “songdong cafeteria,” located near Seo-gu Seoul Metropolitan City, Seo-gu, Seo-gu, Seoul Metropolitan City, to the front side of the said 300-meter road.

2. On September 30, 2014, around 23:18, the Defendant forged a private signature in the name of the said D without authority for the purpose of using “D” on the name column of the C’s circumstantial statement statement in order to avoid punishment as stated in the Daegu Seo-gu Seoul Metropolitan City, Seo-gu Police Station Guarding Transport and the traffic safety system as stated in paragraph (1).

3. The Defendant, at the time and place specified in paragraph (2) of the above Article, submitted to the above C details that knew of the forgery as if the signature in the forged name was genuine, thereby allowing the said C to bind the report on the circumstantial statement of the driver with the signature forged as above in the investigation record, thereby exercising the above forged private signature.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver (A);

1. The circumstantial statement of the employee;

1. Application of the licensing ledger (A, D), subordinate statute (B);

1. Article 239 (1) and (2) of the Criminal Act for the crime, Article 148-2 (2) 2, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of confession, reflectivity, and fine, etc. that has no record of serious punishment);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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