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(영문) 수원지방법원 성남지원 2014.02.07 2013고단2750
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 22:20 on May 7, 2013, the Defendant driven a B multilateral car at the section of about 100 meters from the 100-meter radius to the one-way road located in the same Ri located in the middle section of Gwangju-si, Gyeonggi-do without obtaining a driver’s license under the influence of alcohol concentration of blood alcohol at 0.079%.

2. On May 7, 2013, at around 22:20 on May 7, 2013, the Defendant: (a) had a mind to decide to engage in the Defendant’s dynamic Doctrine in order to avoid criminal punishment when drinking driving is controlled by the superintendent C belonging to the Gwangju Police Station in the middle-gu Seoul Special Metropolitan City.

The Defendant forged private documents at the above date, at the same place, signed “D” in each driver’s column of the junishing driver report and the junishing driver report prepared by C.

Accordingly, for the purpose of exercising the right, the Defendant forged each driver's disturbance in the report on the status of the driver and the report on the status of the driver.

B. At the same time, at the above time and place, the Defendant submitted a forged driver’s report and a falsified driver’s report to C, who is aware of the forgery.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of the driver, and the written report on the status of the driver (five pages of investigation records);

1. Registers of driver's licenses;

1. Each written statement of D and E;

1. Application of statutes governing enforcement manuals;

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, and Articles 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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