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(영문) 대전지방법원 2013.07.19 2013고단1793
사서명위조등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 12, 2013, the Defendant was under the influence of alcohol 0.058% in blood alcohol level on April 22, 2013, the Defendant driven C rocketing car at the section of about 1km from Daejeon Seo-gu, Seo-gu, Daejeon to the front and rear of tamping and tamping in the Seo-gu, Daejeon.

2. The Defendant, at the same time and place as set forth in the preceding paragraph, entered “E” as the name of his mother, who was requested to sign a signature to the effect of confirmation on the column of the driver’s signature of the portable Information Terminal (PDA) as a result of the control of drinking driving at the Daejeon Seo-gu Police Station, which was under influence of drinking at the time and place of the same as that set forth in the preceding paragraph.

Accordingly, for the purpose of exercising authority, the Defendant forged the above E’s signature without authority, and had police officers know of the fact use it by printing out the forged “Notice of the Control of Drinking Driving Regulations” and binding it on investigation records.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The application of Acts and subordinate statutes to report the state of driving under the influence of alcohol, inquiry into the results of the control of drinking driving, and notification of the results thereof;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Drinking: Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act;

(b) Private signature: Article 239 (1) of the Criminal Act.

(c) The above investigation and signature: Article 239 (2) and (1) of the Criminal Act.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant is divided in depth into his/her errors, there are no other criminal records except for the criminal records of fines several times, and the defendant has no other criminal records except for the criminal records of the same kind, and the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime, etc. are considered comprehensively.

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