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(영문) 부산지방법원 2013.08.13 2013고단573
사서명위조등
Text

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

However, 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 November 22 and 25, 2012, the Defendant driven a B earth vehicle under the influence of alcohol concentration of about 0.053% without a vehicle driver’s license from the gravel horse in the Busan Young-do, Busan, to the entrance of the Taegi Park Park in the same Dong-gu, and around about 200 meters.

2. Forgery of private signature, and the use of a false investigation or signature;

A. The Defendant, at the entrance of the Taenam Park as stated in paragraph (1), told her pro-friendly D personal information at the time of the crackdown on drinking driving to the slope C belonging to the Busan Youngdo Police Station.

C, which is believed to be true, has connected the transportation police computer network to PDA, entered the personal information of D and the violation of D in the notification of the results of the drinking driving control, and presented the PDA to the defendant.

The Defendant, for the purpose of exercising, signed the “D” on the driver’s column, and had the said C, not aware of the forgery, sent the forged private signature to C through the traffic police computer network as above.

B. The Defendant above A.

At the time and place indicated in the paragraph, C signed as “D’ in the driver’s name column using a test-type pen to exercise the Defendant’s report on the state-employed driver’s statement containing the violation, etc., and exercised it to a slope C without knowledge of the forgery.

Summary of Evidence

1. Defendant's legal statement;

1. Making a review of the results of the control of drinking driving (26 pages of investigation records);

1. Registers of driver's licenses (27 pages of investigation records);

1. Each statement of the report on the state of drinking drivers, and the report on the results of the control of drinking driving, and the application of Acts and subordinate statutes thereon;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act (the point of driving without a license) and Article 239 (1) of the Criminal Act concerning criminal facts.

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