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(영문) 대구지방법원 김천지원 2013.11.14 2013고단1174
사문서위조등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On August 20, 201, the Defendant driving a EX car under the influence of alcohol by 0.109% of blood alcohol concentration without obtaining a driver’s license, around August 20, 2013, at around 23:01, the Defendant used the EX car under the influence of alcohol concentration of 0.109%.

2. The Defendant forged private documents at the same date and time as described in paragraph (1) and at the same place as described in paragraph (1) and was demanded from Kimcheon Police Station Traffic Control C to sign and seal a slope C belonging to the Kimcheon Police Station, the circumstantial statements of the driver, and the report of detection of the driver.

Since the above control, the Defendant notified the police officers of E’s personal information as if he was a type E, and then confirmed that he was driven under the influence of 0.109% of blood alcohol concentration as a person subject to the cancellation of license, and signed that he does not want blood collection upon recognizing the result of measurement and signing that he does not want blood collection.” The Defendant stated “E” in each driver column of the above Main Drivers’ Statement and the Main Driver’s Report.

Accordingly, for the purpose of exercising a certificate, the Defendant forged a report on the de facto statement of the de facto driver in the name of E, which is a private document related to the certification of fact, and a report on detection of the de facto driver, respectively.

3. The Defendant, at the same time and at a place as set forth in paragraph (1), sent to the police officers, who knew of the forgery, one copy of the written report on the driver's statement at home and abroad, and one copy of the written report on the detection of the driver, which was forged, as if it were the document duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A report on investigation;

1. The application of Acts and subordinate statutes to the register of driver's licenses, investigation reports (Attachment of a detailed statement on the revocation of driver's licenses);

1. Relevant provisions of the Road Traffic Act concerning facts constituting the crime; and

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