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(영문) 대전지방법원 홍성지원 2014.12.10 2013고단832
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 June 15, 2013, at around 17:35, the Defendant driven a B-type vehicle under the influence of alcohol concentration of about 3 km without a driver’s license, from the front side of the water shed located in the Hongju-gun, Hongsung-gun, Hongsung-gun, Hongsung-gun, to the front side of the Redju comprehensive playground located in the Hongju-gun, Hongsung-gun, Hongsung-gun, the Defendant driven a B-type vehicle under the influence of alcohol concentration of 0.17% without a driver’s license.

2. When the Defendant, at the date and time, at a place specified in paragraph (1) of this Article, controlled the crime of driving the said vehicle without a license, the Defendant: (a) committed a crime under the name of the Defendant’s penal code; (b) attempted to undergo an investigation under the Defendant’s penal code; and (c) forged C’s portion of “the report on the circumstance statement of the driver with the driver with the intention of exercising the Defendant’s signature in the driver’s report on the refund statement of the driver with the name of the Defendant

3. The Defendant, at the time and place specified in Paragraph 1, submitted the falsified Police Station’s circumstantial statement report, which was forged as above, to a slope D belonging to the Hongsung Police Station, without knowledge of the fact.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. A report on the actual state of the driver;

1. A written report from an employee of an employer;

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

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: The point of uttering of private documents under Articles 152 subparagraph 1 and 43 of the Road Traffic Act: The point of uttering of private investigation documents under Article 231 of the Criminal Act: Articles 234 and 231 of the Criminal Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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