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(영문) 서울중앙지방법원 2017.02.15 2016고단7838
사문서위조등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 24, 2009, the Defendant issued a summary order of KRW 700,000,000 as a fine for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 1 million in the same court on December 9, 2015, respectively, to the same crime.

1. On July 3, 2016, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license) driving a Efran vehicle under the influence of alcohol with approximately 0.172% alcohol concentration in the section of about 40km from the vicinity of the Defendant’s residence around 09:07 to the Hancheon-si Highway Seoul Tool-ro, Nannam-si, Seoul Metropolitan City, without obtaining a driver’s license.

2. On July 3, 2016, the Defendant: (a) 09:07, the Defendant: (b) placed the vehicle on the road in front of the Hannam-si Highway, Seoul Tool-si, Seoul; (c) expressed the “F” in the driver’s signature column of the statement report on the situation of the driver’s statement prepared by the G H affiliated with the G patrol group on the expressway of the Chungcheongnambuk-do National Police Agency, which was a model F in order to conceal drinking and driving without a license.

Accordingly, the defendant forged F's signature for the purpose of exercising the right.

3. The Defendant, at the time and place specified in paragraph 2, submitted a written report on the situation of the driver’s statement in which the signature was forged to a slope H who was unaware of such forgery, and exercised it as if he were duly prepared.

4. On July 3, 2016, the Defendant drafted “F” in the last part’s name column when preparing a “written consent of voluntary accompanying” at a place where the Defendant was required to voluntarily accompany a slope H at the above control place, using official approval color fences, and entered “F” in the name column while continuing to prepare a “written request for transfer.”

Accordingly, for the purpose of uttering, the defendant set up a letter of consent to voluntary accompanying in the name of F, which is a private document to prove facts, and a letter of request for transfer respectively.

5. Paragraph 4 shall apply to the event of the above investigation document.

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