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(영문) 서울북부지방법원 2017.11.28 2017고단3988
사서명위조등
Text

A defendant shall be punished by imprisonment for six months.

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

1. On September 3, 2017, the Defendant violated the Road Traffic Act (divated driving) and the Road Traffic Act (divated driving) on and around September 3, 2017, operated a motor vehicle with approximately 0.103% alcohol content in the section of about 4km from the place near the drinking mouth in Seoul Central-gu to the front day of the Seoul Central-ro, Nowon-gu, Seoul Special Metropolitan City Nowon-gu, Nowon-gu, to the 4k-ro off high school, without obtaining a driver’s license, for a motor vehicle’s mother, without obtaining a driver’s license.

2. The Defendant, at the front of the off-road 432-ro, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, for the reason that he had driven alcohol at the front of the off-road 432-ro, Seoul Special Metropolitan City Nowon-gu, entered “F” in the “name” column of the driver’s circumstantial statement report presented by the above E, when he controlled to E, the police officers belonging to the D department of the Nowon-gu Police Station D, Seoul Special Metropolitan City, as if he was his high school F.

In addition, the defendant stated the statement of the situation of the driver in the state with the signature of the F forged as above, as if the signature duly formed was written to E who is aware of the forgery.

Accordingly, the defendant forged the F's signature for the purpose of exercising it, and exercised it.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire about the circumstantial statement of a driver driving, the ledger of driver's licenses, the details of crackdown, the report on detection of the driver driving, and the results of crackdown on drinking;

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act on the Traffic of Roads (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 a private signature), Article 239 (2) and Article 239 (1) of the Criminal Act (the point of exercising the said signature) concerning the crime;

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

1. Selection of a sentence of imprisonment with prison labor (or a crime of violating the Traffic Act concerning drinking);

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. Article 62(1) of the Criminal Act 1.

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