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(영문) 대구지방법원 김천지원 2016.05.12 2015고단1598
사문서위조등
Text

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

Reasons

Punishment of the crime

1. On September 24, 2015, the Defendant was driving a DNA car under the influence of alcohol concentration of 0.05% without a vehicle driver’s license in a section of about 1km from around the roads located in B from the Gu-U.S. Pyeong-dong in the Gu-U.S. Pyeongdong to the front of the “C” on September 24, 2015, when the Defendant was under the influence of alcohol concentration of 0.05%.

2. When the Defendant, at the time of the day referred to in the preceding paragraph, controlled a driver on the road in front of the “C” which is located in the Gu-U.S. Si/Gu-U.S., the Defendant: (a) stated that the Defendant was “G” in the driver’s circumstantial statement column for the purpose of exercising his license while driving in G with no identification card; and (b) stated the Defendant’s name in the driver’s name of the State-U.S. driver’s statement report without authority for the purpose of exercising his license; (c) forged the driver’s confirmation portion of the driver’s circumstantial statement report, which is a private document concerning the proof of the fact by signing and sealing on his name; and (d) submitted it to F as if he was aware of the circumstances of the forged driver’s statement, and exercised it.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A copy of a report on detection of the driver in charge and the details thereof;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driver's License Register (A);

1. Article 148-2 subparag. 3 of the relevant Act on the Traffic of Roads (the point of drinking alcohol), Article 152 subparag. 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 231 of the Criminal Act (the point of operating private documents) and Articles 234 and 231 of the Criminal Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 (Punishment of a person who violates the Road Traffic Act and a person who violates the Road Traffic Act (non-licenseless Driving) and a person who violates the Road Traffic Act (non-licenseless Driving) with heavy concurrent punishment);

1. Selection of each sentence of imprisonment;

1. The punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the punishment and the nature of the crime) of the aggravated concurrent crimes is concurrent crimes.

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