logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.10.26 2017고단3753
사문서위조등
Text

A defendant shall be punished by imprisonment for not more than ten 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. 도로 교통법위반( 음주 운전) 피고인은 2017. 4. 18. 00:05 경 혈 중 알콜 농도 0.095% 의 술에 취한 상태로 광주 광산구 수완동 수완 먹자 골목에 있는 불 땡 국수 앞 도로부터 같은 구 산월 동에 있는 산월 IC 앞 도로까지 약 2km 가량 C 승용차를 운전하였다.

2. Illegal uttering of official documents, forgery of private documents, and the use of the above investigation documents, the Defendant presented to the Korean National Police Agency D Inspector who was under the influence of alcohol at the time, place, and proposed as his/her own the driver's license issued by the Korean National Police Agency to the remaining Korean National Police Agency D, which was under the influence of alcohol, and the said police officer also signed the said F's name and returned the said report to him/her, even if he/she made a statement on

As a result, the defendant illegally uses the driver's license, which is an official document, and used the forged private document after forging it for the purpose of exercising the driver's statement report on the situation of the driver's license which is the private document.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Family relation certificate;

1. Application of Acts and subordinate statutes to investigation reports (the details of crackdown on driving alcohol and illegal uttering of official documents);

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2 subparag. 3 and 44(1) of the Road Traffic Act (the point of drinking alcohol), Article 230 of the Criminal Act (the point of uttering of official document), Article 231 of the Criminal Act (the point of uttering of private document) and Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and selection of imprisonment for each sentence;

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 on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include one time the driving force of drinking alcohol with the reason of sentencing, and the accused’s liability for the crime in light of the content of the crime in this case is not minor;

However, considering the fact that the defendant reflects the crime, the fact that there is no criminal history in addition to the two-time fines, the defendant's age, sex, environment, and family relationship is considered.

arrow