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(영문) 인천지방법원 2016.08.31 2015고단4435
사서명위조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On March 31, 2014, the Defendant was driving B truck under the influence of alcohol content of 0.120%, without obtaining a driver’s license, at the section of approximately 800 meters, from the front day of the building to the road of approximately 800 meters away from the 897-ro 75-dong, Nam-gu, Incheon Metropolitan City, where it is impossible to find out the trade name located in the front side of the main seat of the Nam-dong-dong, Nam-gu.

2. On March 31, 2014, at around 01:00, the Defendant: (a) requested the police officer E to sign a notice of the result of the drinking driving control at the Incheon East-dong Police Station D District District of the Incheon Dong Police Station D, Incheon, Dong-gu, Incheon, to sign the notice of the results of the drinking driving control; (b) let the above E sign the “F” on the driver column of the notice of the results of the drinking driving control; (c) sign the “F” on the back to the name; and (d) continuously signed the “F” on the person column of the voluntary accompanying consent, and then submit the notice of the results of the drinking control and the written consent of voluntary accompanying to the said E as if the document was duly signed.

Accordingly, for the purpose of exercising the right, the Defendant forged and exercised the signature of “F”.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made with respect to G and H;

1. The driver's license ledger and a report on detection of the driver's license;

1. Notification of the results of crackdown on driving drinking, entry in a written consent to voluntary accompanying, and the application of the existing Acts and subordinate statutes;

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act on the Traffic of Roads (on the part of a driver's license), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (on the part of a driver's license), Article 239 (1) of the relevant Criminal Act (on the part of a driver's signature), Article 239 (2) and Article 239 (1) of the relevant Criminal Act (on the part of a driver's license), and Article 239 (2) and (1) of the relevant Act on the part of the crime;

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

1. Selection of sentence of imprisonment with prison labor for a crime of violating the traffic laws on the selective road;

1. The aggravated Criminal Act for concurrent crimes.

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