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(영문) 의정부지방법원 2014.04.09 2013고단4631
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. On August 28, 2013, the Defendant was driving a B-be cargo vehicle while under the influence of alcohol of about 20 meters from a 20-meter section to a 0.186% degree of blood alcohol content, without a driver’s license, while driving a vehicle under the influence of alcohol of about 0.186% from a 20-meter radius to a 656-day road.

2. On August 28, 2013, at around 21:14, 2013, the Defendant: (a) requested a confirmation of identity by Jinyang-gu, Jinyang-si, the Gyeonggi-gu Police Station for Traffic Control at the Gyeonggi-nam Police Station that was under influence of influence on the road; (b) notified his/her prior resident registration number of “D”; (c) continuously stated the name column of “D” in the name column of “the report on the discovery of the name, the notification of the name, and the statement on the status of the driver of the Jeju-do; and (d) forged the above name of “D” without authority for the purpose of exercising the right to affix his/her seal on the next page; and (e) issued the above signature to the said C as if the signature was genuine, and exercised the signature of the forged name.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The certificate of the person (No. 6);

1. Report on discovery of geographical names, notified persons and materials;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article of the Criminal Act, Articles 148-2 (2) 2, 44 (1) of the Road Traffic Act (a point of sound driving), Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act (a point of unauthorized Driving), Article 239 (1) of the Criminal Act (a point of private signature) and Article 239 (2) and (1) of the Criminal Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

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

1. When it is discovered that the blood alcohol concentration in accordance with Article 62 (1) of the Criminal Act is reasonable, and the signature of the same student is forged when it is discovered while driving a drinking or a non-licensed license;

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