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(영문) 서울동부지방법원 2016.02.17 2015고단3703
사서명위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From around 02:30 on August 24, 2015, the Defendant driving a motor vehicle owned by Defendant B with alcohol concentration of 0.10% under the influence of alcohol concentration of 0.10% in blood alcohol while under the influence of alcohol leveling from around 03:10 on the same day to the northwest-do in the Gwangjin-gu Seoul, Gwangjin-gu, Seoul, Seoul, Seoul, by around 03:10 on August 24, 2015.

2. On August 24, 2015, the Defendant: (a) was under the influence of alcohol at the Transport Survey Team at the Seoul Mine-gu Police Station, Seoul, the Defendant: (b) conducted a drinking test on the facts that caused a traffic accident while driving a car while under the influence of alcohol; (c) was demanded by C in the circumstances where the police station affiliated with the above police station to affix his signature to the driver’s column of the report; (d) without any authority, entered the name of “D” on the driver’s column of the said report, and forged the Defendant’s signature next to the name.

3. The Defendant, at the time and place specified in paragraph 2, exercised the right to ask for a false statement on the circumstances of the driver with a forged name, as seen above, to the Seoul Mine Police Station Traffic Survey Team C, who knew that the name was forged.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, photographs at the scene of an accident, photographs of an accident vehicle, photo of an accident vehicle, photograph of an accident vehicle boom image, and a report on occurrence of a traffic accident;

1. A report on the detection of a primary driver (D);

1. Statement of the circumstances of the driver at the main place of business (D);

1. The driver's license ledger;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Article 148-2(2)2, Article 44(1) of the Road Traffic Act (referred to driving under influence of alcohol), Article 152 Subparag. 1, Article 43 of the Road Traffic Act (referred to as driving without a license), Article 239(1) of the Criminal Act (referring to the point of a private signature), Article 239(2) and Article 239(1) of the Criminal Act (referring to the above investigation’s signature) concerning criminal facts.

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