2019 Highest 4867 Violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Fence)

Driving), unlawful uttering of official documents, forgery of private signature, and perjury

Events, Forgery of Private Document, and Uttering of Private Document

Maximum var, 71st, male, and daily workers;

Housing Yangsan City

Reference domicile

Kim Jong-hee (Court of First Instance) and his/her name (Court of Second Instance)

Attorney Doh-soo (Korean)

April 14, 2020

Defendant shall be punished by imprisonment with prison labor for a period of one year and four months.

Facts of crime

On January 12, 2017, the defendant was sentenced to six months of imprisonment for fraud at the Ulsan District Court on July 13, 2017, and the execution of the sentence was terminated on July 13, 2017.

1. On November 1, 2010, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) at the Ulsan District Court on a violation of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license).

On August 14, 2019, 00:34: Around August 14, 2019, the Defendant driven a vehicle on the road without obtaining a driver’s license at approximately 200 meters section from the road in front of the mutually influoral fluoral fluoral boundary, to the road front of the said fluoral railroad base, and at least 0.134% alcohol concentration during blood. Accordingly, the Defendant violated Article 44(1) B of the Road Traffic Act at least twice, while driving the vehicle on the road without obtaining a driver’s license.

2. Illegal holding of official documents;

Defendant: (a) was discovered in drinking on the road prior to the foregoing light rail base; and (b) was requested by the police chief of the police station in charge of traffic control in the Kimhae-gu Police Station to produce identification cards; and (c) was held for the purpose of evading punishment; (d) the driver’s license of the motor vehicle of the same dynamics (Gain name) by presenting the driver’s license of the motor vehicle to the above maximum police officer as if he was his identification witness; and (e) exercised the driver’s license of the motor vehicle as an official document.

3. Around August 14, 2019, Defendant 1 at the time of the foregoing investigation or signature-making event: (a) around August 14, 2019, the following: (b) around August 14, 2019, Defendant 1: (c) requested the police officer to sign electronic signatures on a portable information terminal (PDA) that entered the details of crackdown on drinking driving by the police officer on the front of the police base; and (d) exercised it by allowing the police officer to transmit it to the police computer network.

4. At around 00:43, August 14, 2019, Defendant 1 of the forged Private Document : (a) demanded the police officer to enter the column for the driver’s statement of the circumstantial statement of the driver’s statement on the ground of the driver’s statement on the roads front of the Gyeongdong Station; (b) the police officer using the color pentle B, and sent the police officer to the aforesaid column for the statement of the driver’s opinion; (c) again, I would like to make this kind of paper, including “I will write I will write I will do, and sign I will write I will write I will write I, I will write I will write I will write I, and then I will write I will write I will write I will.”

Accordingly, for the purpose of exercising the certificate, the defendant forged a copy of the statement of the driver's opinion in the name of the most same person, which is a private document related to the certification of facts, and exercised it.

Summary of Evidence

1. The legal statement of the defendant

1. Police suspect interrogation protocol on the maximum partner;

1. Report on the circumstances of the driver involved in drinking alcohol, inquiry into the results of the influence of drinking alcohol driving control, the register of driver's licenses, one copy of the summary order: The previous record, the career, inquiry report on the personal career, etc., one copy of the personal accommodation status, and two copies of the judgment; and

1. Article 148-2(1), Article 44(1) of the Traffic Act (the point of sound driving), subparagraph 1 of Article 152, Article 43 of the Road Traffic Act (the point of unauthorized Driving), Article 230 of the Criminal Act, Article 239(1) of the Criminal Act (the point of uttering of Official Document), Article 239(2) and (1) of the Criminal Act, Article 239(2) of the Criminal Act, Article 231 of the Criminal Act (the point of uttering of falsified Private Document), Articles 234 and 231 of the Criminal Act, Article 231 of the Criminal Act (the point of uttering of falsified Private Document), Article 234, and Article 231 of the Criminal Act (the use of falsified Private Document)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of a punishment;

Each Imprisonment Selection

1. Aggravation of repeated crimes;

Article 35 of the Criminal Act

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 (1) of the Criminal Act

Articles 53 and 55(1)3 of the Criminal Act

The reason for sentencing is not only a repeated crime committed against fraud but also a person driving under drinking or without a license without being aware of it, but also a person driving under the premise that he is the least her living together in order to escape the punishment. The defendant's signature of the least her living together is a bad crime. The defendant has a history of being punished once by driving under influence and twice by driving without license. In addition, the statutory punishment for the crime of forging a letter of apology and the crime of exercising a signature without license is limited to imprisonment. Therefore, it is inevitable to sentence the defendant as to the actual punishment.

However, in consideration of the fact that the defendant's mistake is recognized and reflected, that he voluntarily voluntarily surrenders to the crime under the 2, 3, and 4 of the judgment, and other circumstances shown in the records, such as the family relation, age, character and conduct, environment, after the crime, etc. of the defendant, the punishment as ordered shall be determined.

Judges Kim Jong-hwan