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(영문) 창원지방법원 2018.05.04 2017고단1719
사서명위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 23, 2017, the Defendant: (a) violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drawing driving without a license) driving a B-beon vehicle without obtaining a driver’s license from a distance of about one kilometer from the front day of a mutually influence restaurant in the Kimhae-si, Kim Jong-si to the front day of the same city, while under the influence of alcohol content of 0.060% among the blood transfusion around 22:30 on March 23, 2017.

2. The Defendant forged a private signature and signed the above investigation was controlled by drinking driving at the time and place specified in paragraph 1, and signed as if he was the E’s signature in the driver’s signature column of notification of the fact of crackdown on drinking driving on the cell information terminal (PDA) from the police station guard of Kimhae-gu Police Station and the slopeD affiliated to C, and the driver’s signature column of notification of the fact of crackdown on drinking driving from the police station’s portable information terminal (PDA). The Defendant forged another person’s signature for the purpose of exercising the signature by signing as if he was the signature of E who was demanded to sign in the driver’s signature column of the driver’s statement report on the state of the driver’s circumstantial statement. The Defendant presented the forged signature to the above slopeD

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. Each investigation report (as to the grounds for correction and detection of the suspect)

1. The driver's license ledger (A);

1. Application of Acts and subordinate statutes to report the circumstances of drivers of drinking alcohol and notify the results of drinking control;

1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 239 (1) of the Criminal Act (the point of signing each company's signature) concerning the crime, Article 239 (2) and Article 239 (1) of the Criminal Act (the point of exercising each of the above investigation's signature) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of sentence of imprisonment with prison labor for a crime of violating the traffic laws on the selective road;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The defendant is on the grounds of sentencing under Article 62(1) of the Criminal Act.

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