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(영문) 서울남부지방법원 2017.12.28 2017고단5892
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On October 1, 2008, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court’s Vice-Support on October 1, 2008 and a fine of KRW 3 million for the same crime in the same court on December 27, 2012.

[Criminal facts]

1. On March 18, 2017, the Defendant driven a C-A-A-di vehicle without obtaining a driver’s license for a vehicle under the influence of alcohol concentration of about 0.067% from the 300-meter section from the road near the mouth of the Gangseo-gu Seoul Metropolitan Government, to the road of the same Gu, around 03:15, on March 18, 2017.

2. The Defendant committed a crime of forging a private document with the intent to state his personal information about the Defendant’s pro-Japanese offering D, by regulating drinking and driving without a license as referred to in paragraph (1).

On March 12, 2017, around 03:18, the Defendant stated “D” in the “report on the State driver’s oral statement” and the “name” column of the “written confirmation of drinking control” and “statement” presented by the control police officer at the front of Gangseo-gu Seoul Metropolitan Government B, and affixed the Defendant’s unmanned seal.

Accordingly, for the purpose of uttering, the Defendant forged one copy of the “report on the State driver’s circumstantial statement” and “certificate of the crackdown on drinking” under the name of “D”, which is a private document on proof of facts.

3. The Defendant, at the same time and at the same place as Paragraph 2, exercised the aforementioned investigation document as if he completed the forged “the circumstantial statement of a driver at home” and “the certificate of drinking control” with a policeman F belonging to the Seoul Western Police Station E, Gangseo-gu Seoul Police Station, which was aware of the forgery.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;

1. Statement report on the circumstances of a driver who is placed in driving and written confirmation for regulating drinking;

1. Investigation report (Correction of the identity of the person under investigation);

1. Previous convictions in the judgment: Inquiry about criminal history and the application of the law of investigation report (the confirmation report of the same kind of force).

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