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(영문) 대구지방법원 포항지원 2015.06.18 2014고단1342
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. Around 01:20 on May 17, 2010, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) operated a vehicle with a blood alcohol concentration of at least 0.092% under the influence of alcohol by driving the vehicle under the influence of alcohol level C 0.092%. In the event of distribution, the Defendant operated the vehicle within approximately 2 km meters from the Nam-gu So-gu, Seoul Metropolitan City to the front of the road in the north-gu, Goungdong-dong at the port of distribution.

2. On May 17, 2010, the Defendant, as indicated in paragraph (1), was required to present a driver’s license and to verify his/her identity while driving a motor vehicle under influence of alcohol or without a license, as stated in paragraph (1).

Accordingly, the Defendant, acting as F, who was the head of E, stated F’s resident registration number and submitted D’s report on detection of the driver’s identity to D, stating “F” in the driver’s signature column prepared by D.

Accordingly, the Defendant forged and used another’s signature for the purpose of exercising the right.

Summary of Evidence

1. Legal statement of witness D;

1. Each police statement made to F and D;

1. The circumstantial statement of the driver, the report on detection of the driver, and the report on detection of the driver, respectively;

1. The user ledger of the measuring instruments for drinking;

1. Application of the statutes on the register of driver's licenses;

1. Article 239(1) and (2) of the Criminal Act of the relevant Act concerning criminal facts, Article 239(1) of the Criminal Act (the point of exercising a private signature), Article 148-2 Subparag. 1 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 10790, Jun. 8, 201); Articles 152 Subparag. 1 and 43 of the Road Traffic Act (the point of driving without a license)

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the crime of violating the Road Traffic Act due to a sound driving and the crime of violating the Road Traffic Act due to a unauthorized driving shall be punished, and the punishment shall be imposed on the crime of violating the Road Traffic Act due to a heavy drinking driving, and choice of imprisonment

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes shall be the largest punishment;

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