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(영문) 창원지방법원 2017.01.13 2016고단3539
사문서위조등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 16, 2009, the Defendant received a summary order of one million won or more as a crime of violating road traffic law (drinking driving), a summary order of one million won or more as a fine for the same crime in the same court on February 5, 2009, and a summary order of three million won or more as a fine in the same court on July 23, 2013.

1. On July 5, 2016, the Defendant: (a) obtained a Class 1 ordinary driver’s license, where the victim D lost within the C main points located in Jinju-si; (b) on July 5, 2016, the Defendant: (c) obtained the victim D’s license.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On July 27, 2016, the Defendant: (a) driven a G car under the influence of alcohol concentration of about 0.068% without obtaining a driver’s license from the front of the 29 GS25 convenience point in the front of the 29 GS25-ro, Nowon-gu, Seoul Special Self-Governing Province; (b) on July 27, 2016, the Defendant driven a G car under the influence of alcohol concentration of about 0.068% without obtaining a driver’s license from the front of the 100-meter road in the same Gu E.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

3. On July 27, 2016, the Defendant: (a) was investigated on the facts constituting the crime set forth in the above 2.1th of FM, which was located in the Gu, Changwon-si; and (b) was required to present a driver’s license by the Assistant I affiliated with the police box in the Jindo Police Station; (c) was in possession to present a driver’s license; and (d) presented a driver’s license under the name of the Commissioner General of the National Police Agency in the Gyeongnam-nam Regional Police Agency, which was an official document in possession, as the Defendant’s driver’s license.

Accordingly, the defendant did not use official documents.

4. Paragraph 3 shall apply to the defendant who forges a private document and uses a falsified investigation document.

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