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(영문) 서울서부지방법원 2018.09.05 2018고단2012
사문서위조등
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 March 27, 2018, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drawing driving) on and around March 27, 2018, the Defendant driven a CSpo-type car under the influence of alcohol with approximately 0.077% alcohol concentration in the blood while under the influence of alcohol without obtaining a driver’s license from around 500 meters in front of the city of Eunpyeong-gu Seoul, Seoul, for the same unification.

2. The Defendant’s unlawful uttering of official document presented two-class ordinary driving licenses for the Defendant’s pro-Japanese F under the name of the Commissioner General of the Chungcheongnam-gu National Police Agency in the name of the Defendant, who was in possession of the Defendant and was in possession of the Defendant to request the presentation of driver’s license from the police officer E belonging to the Bupyeong-gu Police Station D, on the road before the above date.

Accordingly, the defendant did not use official documents.

3. The Defendant forged a private document, at the time, at the place, and at the same time and place of the foregoing 2.2.2. The Defendant: (a) had a policeman E enter “F”, “G”, etc. in the name column of the State driver’s circumstantial statement report; (b) stated another person’s name in the driver’s statement column; and (c) submitted the said document to the police officer without knowledge of the forgery of the document.

Accordingly, for the purpose of exercising, the Defendant forged and held a copy of the State driver’s circumstantial statement report, which is a private document on the rights and obligations in F’s name.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Relevant legal provisions for facts constituting an offense, Articles 231 (the point where the private document is used), 234 (the point where the private document is used), 230 (the point where the private document is used), 148-2 subparag. 3, 44(1) (the point where the private document is used for driving), 152 subparag. 1, and 43 of the Criminal Act for the choice of punishment;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (a violation of the Road Traffic Act for Drinking and Unlicensed Driving).

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