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(영문) 전주지방법원 정읍지원 2016.03.29 2015고단610
사문서위조등
Text

A defendant shall be punished by imprisonment for not more than ten 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. On March 22, 2014, the Defendant: (a) violated the Road Traffic Act (d) and violated the Road Traffic Act (non-licensed driving) driving on March 22, 2014; (b) around 22:53, on the road front of the chemical name station located in the Busan Northern-dong, and the road front of the chemical name welfare center located in the same Dong from around 1km to the road located in the same Dong without a driver’s license.

2. When the Defendant was subject to drinking control from the slope E belonging to the traffic safety department of the Busan Northern Police Station in front of the Busan Northerndong while driving without obtaining a license or driving alcohol as stated in paragraph 1 at the time stated in paragraph 1, the Defendant’s unlawful uttering of official document was able to receive a heavy punishment due to the past history of punishment for driving without a license or driving under drinking on several occasions, and presented to the above E a F’s driver’s license that he came to know while working in the above combined line.

Accordingly, the defendant denied F's driver's license as an official document.

3. The Defendant: (a) sent his name to the said E at the time, at the place, as described in paragraph 2; and (b) stated F in the driver’s circumstantial statement report presented by the said E as F; and (c) marked F in the passenger name column.

Accordingly, the Defendant forged a copy of the statement report on the circumstances of the driver in F, a private document on the proof of facts.

4. The Defendant, at the time, at the place specified in paragraph 3, presented a copy of the State driver’s circumstantial statement report in the FF name, which was forged as described in paragraph 3, to the above E, as if he were the State driver’s circumstantial statement report, which was duly formed with the knowledge of the circumstances.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Inquiry into the results of crackdown on driving of alcohol (in an investigation record No. 23 pages), the register of driver's licenses of motor vehicles;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Article 148-2. of the Road Traffic Act concerning facts constituting an offense;

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