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(영문) 울산지방법원 2019.01.18 2018고단2661
사문서위조등
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

Criminal facts

1. On June 24, 2018, the Defendant was under the influence of alcohol concentration of about 0.123% in the section of the 30km to the front side of the road in the Ulsan-gu Dial Movement, Ulsan-gu, Seoul-si, the Defendant driven the B-learning car without a driver’s license, under the influence of alcohol level of about 0.123% in the section of the 30km road.

2. On June 24, 2018, around 09:13, the Defendant presented the Defendant’s dynamic C’s driver’s license photograph stored in a smartphone to the police officer belonging to the expressway patrol team in front of the 12-1 p.m., the Defendant forged the Defendant’s signature by stating the Defendant “C” without authority for the purpose of exercising the said police officer’s right to sign a drinking control notice prepared on a portable information terminal (PDA), and issued the said police officer with a forged signature.

3. The Defendant forged a private document, or uttering of a private document, at the time and place specified in paragraph 2, requested the police officer belonging to the expressway patrol team to sign a report on the statement of the driver's situation, and without authority, stated in the driver's statement column "not to be desired" in the above report without authority for the purpose of exercising the authority, and forged C's statement of driver's opinion, which is a private document regarding a certificate of fact, stating "C" in the column for the driver's name, and exercised it by issuing the above driver's statement to the police officer who is unaware of the forged circumstance.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the ledger of driver's licenses, each written inquiry into the results of the regulation of drinking driving, each written report on the state of drinking drivers, each request for case transfer, and written promise for attendance;

1. Relevant statutory driving for a crime: The point of driving without a license under Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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