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(영문) 창원지방법원 마산지원 2016.07.13 2016고단508
사문서위조등
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 7, 2016, the Defendant was under the influence of alcohol level of 0.096% in blood while driving a vehicle at around 00:20 on March 7, 2016 without obtaining a driver’s license for a vehicle, and driving a vehicle at CSpo-type 500 meters from a low-scale commercial parking lot located within the Changwon-si, a member of the Changwon-si, and located within the Eup/Myeon of the Changwon-si, thereby running a vehicle at CSpo-type 50 meters in front.

2. Around 00:20 on March 7, 2016, the Defendant: (a) when the crime of drinking, such as the description in Paragraph 1, from the police station belonging to the Mar. 7, 2016, which was under the influence of alcohol prior to the foregoing B, was prevented; (b) when the Defendant’s friendly E was committed in the Defendant’s statement column of the driver’s opinion in the statement column of the driver’s opinion on the situation of the driver’s statement at home, the Defendant forged one copy of the statement report on the situation of the driver’s statement in the name of E, a private document on the proof of the fact for the purpose of uttering, stating “E” in the driver’s statement column; and (c) continuously exercised the forged fact as if it was duly formed to D; and (d) continuously, the Defendant forged the voluntary accompanying consent in the name of E, which is a private document on the proof of the fact that he/she had been entered into.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of E prepared by the police;

1. A written statement prepared by D;

1. Inquiries about the results of crackdown on driving alcohol;

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

1. Voluntary consent to accompany;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (non-licensed driving) concerning the facts constituting an offense; Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the point of drinking alcohol) of the same Act; Article 231 of the respective Criminal Act; Articles 234 and 231 of the respective Criminal Act concerning the facts constituting an offense;

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

1. Punishment;

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