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(영문) 서울동부지방법원 2013.10.30 2013고단1797
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 of the final judgment.

Reasons

Punishment of the crime

1. Around 23:00 on May 25, 2013, the Defendant driven a B-L car under the influence of alcohol concentration of 0.076% without obtaining a driver’s license in a section of about about 100 meters from the front day of a restaurant where trade names in the Songpa-gu Seoul Metropolitan Area are unknown to the front day of the same 40-2 way.

2. On the same date and time as set forth in paragraph 1, the Defendant: (a) was found to have driven a B car owned by C while driving a drunk car on the front day of Songpa-gu Seoul Metropolitan Area 40-2; and (b) was requested by D, a police officer belonging to the Seoul Songpa Police Station, to present a driver’s license; and (c) was allowed to present a first class of E’s driver’s license under the name of the Commissioner of the Jeonnam Police Agency, a public document in his possession, and presented it as the Defendant’

3. The Defendant forged the signature of the E without authority for the purpose of exercising the “E by using a black camera” in the driver’s circumstantial statement prepared by police officers D at the same time and place as set forth in paragraph (2), and at the same time and place as set forth in paragraph (2), and exercised the forged private signature by issuing the police officer D the written circumstantial statement stating the forged E’s signature to the police officer D, who is aware of such forgery.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of each host driver;

1. Driver's license;

1. The register of driver's licenses (44 pages);

1. Application of seizure records and list statutes;

1. Article 230, Article 239 (1) and (2) of the Criminal Act (the point of uttering of Official Document), Article 148-2 (2) 3, Article 44 (1) 1, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Trade name;

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