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(영문) 부산지방법원 2013.04.26 2013노285
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of eight million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment of six months and fine of three hundred thousand won imposed by the court below is too unreasonable.

2. Ex officio determination

A. Before the judgment on the grounds for appeal by the defendant was made ex officio prior to the judgment on the grounds for appeal by the court below, the prosecutor, as to the crime No. 2 as stated in the judgment of the court below, the criminal name and the facts charged, as stated in the "private signature, forgery, and uttering of the above investigation signature", respectively, changed the applicable provisions into "Article 231 and Article 234 of the Criminal Act" in "Article 239(1) and Article 239(2) of the Criminal Act," and applied for the amendment of the indictment with regard to the change of facts constituting the crime under Paragraph (2) below as follows. Since the court permitted this, the judgment of the court below was no longer maintained.

【Revised Indictment】

2. On August 6, 2012, around 23:20 on August 23:20, 2012, the Defendant: (a) was controlled by the act as referred to in Paragraph (1) against the Dorarain apartment located in the Dorado-dong of Busan, the Busan Coastal Police Station; (b) was found to have a defect in D’s preparation of a report on the state of the driver; (c) the name, resident registration number, etc. of E as if he was a type E; and (d) entered the written report on the state of the driver, signed the name of the above E in the driver’s name column of the report on the state of the driver’s identity

Accordingly, the defendant, for the purpose of exercising a certificate of fact, forged the report on the actual state of the driver under E, which is a private document related to the certification of fact, and exercised it.

B. In addition, among the crimes of Article 1 of the judgment below, the defendant's without a driver's license, driving without a driver's license and drinking without a driver's license can be viewed as a single driver's license, and even though the ordinary competition relationship under Article 40 of the Criminal Act exists, the court below considered the act without a driver's license and the act of drinking without a driver's license as an ordinary competition.

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