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(영문) 의정부지방법원 2015.11.13 2015고단3700
사문서위조등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 17, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for fabrication of private documents, etc. at the Goyang Branch of the Jung-gu District Court on April 17, 2014, and the execution of the sentence was terminated at the Jung-gu prison on August 27, 2014. On May 7, 2015, the same court was sentenced to six months of imprisonment with prison labor for larceny, etc. and the sentence became final and conclusive on July 18, 2015.

1. On March 29, 2015, around 03:07, the Defendant driven a F Non-Stop car without a driver’s license, under the influence of alcohol content of approximately 0.152%, from the 100-meter section, up to the road front of the E task, located in D, in the front of the E task, in the direction of approximately 100 meters.

2. The Defendant, on the same date and time as indicated in the foregoing paragraph (1), controlled a drunk driving at a place as indicated in the foregoing paragraph (1) and used another person’s resident registration number unlawfully by leaving his/her resident registration number to the police officer G who was demanded to produce a driver’s license.

3. The Defendant, at the same time and place as indicated in the foregoing paragraph 1, prepared a notification of drinking control from the above police officer G on a portable device (PDA) and signed the “H” on the driver’s name column among the above notification.

Accordingly, the Defendant forged another person’s signature for the purpose of exercising the right.

4. The Defendant stated “H” in the driver’s name column among the above reports, when and at the same time and place as indicated in paragraph (1) above, and posted the same copy to the driver’s name column, and forged one copy of the above He’s circumstantial report under the name of the above H, which is a private document pertaining to the certification of facts, and subsequently presented it to the police officer who is aware of such fact as if the above circumstantial report was duly established.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. The circumstantial report on a drinking driver and the results of crackdown on drinking driving;

1. Previous convictions: Criminal records and investigation reports of the same kind; and

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