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(영문) 창원지방법원 2017.07.20 2017고단1386
주민등록법위반등
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 April 2, 2017, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (dless driving) (drinking driving) on and around 02:30 on April 2, 2017, the Defendant driven the EM7 car under the influence of alcohol level 0.061% while under the influence of alcohol level 0.061%, without obtaining the driver’s license from the front of the restaurant to the front of the D having the C in the direction of about 150 meters.

2. On April 2, 2017, the Defendant violated the Resident Registration Act: (a) around 02:54, on the road in Kimhae-si, Kim Jong-si, the Defendant presented materials to verify the identity of the Defendant, who was requested by F police officers working in the House Police Station to request for the presentation of materials to verify his/her identity by driving alcohol; (b) the Defendant’s birth G’s resident registration number was one of his/her own, and used it unlawfully.

3. On April 2, 2017, around 02:54, the Defendant: (a) signed a death report and signed a signature thereon; (b) the Defendant, without authority, signed a “G” on the part of the driver’s confirmation column of the driver’s circumstantial statement report; and (c) submitted it to H without authority to obtain confirmation of the driver’s circumstantial statement report from the head of the Gu/Si/Gun police station around the aforementioned place.

Accordingly, the suspect forged the G's private signature for the purpose of exercising, and issued it to the police officer who is unaware of the fact.

Summary of Evidence

The application of the Act on Report on the Statement of the State Drivers' Statement to the Defendant's Court

1. Article 148-2 subparag. 3, Article 44 subparag. 1, Article 152 subparag. 1, and Article 43 of the Road Traffic Act (a point of driving under influence of alcohol), Article 37 subparag. 10 of the Resident Registration Act (a point of using a resident registration number) of the Resident Registration Act, Article 239(1) of the Criminal Act (a point of private signature) and Article 239(2) and (1) of the Criminal Act (a point of exercising a forged private signature) concerning the crime;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. Article 62(1) of the Criminal Act of the suspended execution.

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