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(영문) 서울서부지방법원 2020.09.24 2020노849
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The defendant has written his name and signed his name in the report on the statement of the junish driver and the notice of the result of the influence of drinking driving.

The judgment of the court below that recognized the defendant as a crime of forging a private signature and uttering of a false investigation shall be erroneous.

The punishment sentenced by the court below (one year and four months of imprisonment) is too unreasonable.

Judgment

According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the police officer: (a) requested the defendant to produce identification cards; (b) the defendant refused to verify that the owner of the vehicle involved in the accident was "K" (hereinafter "K"); and (c) the defendant confirmed that the owner of the vehicle involved in the accident was "K"; and (d) the defendant confirmed that the vehicle involved in the accident was the owner of the vehicle in question and the K was the owner of the vehicle in question; (b) the police officer sent the police officer sent a notice of the result of drinking driving regulations stated as "K" on the site of 0.150% when the blood alcohol concentration of the defendant was measured at 0.150%, the police officer prepared a notice of the result of drinking driving regulations stated as "K; (c) the defendant signed the lower part of the vehicle printed as "K; and (d) the defendant, after that, after that, the police officer's signature in "name" column," the defendant did not appear at the bottom of 20.

According to the above facts of recognition, the defendant's circumstantial statement is the main driver's statement.

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