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(영문) 대전지방법원 2018.08.23 2018고단1790
사서명위조등
Text

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

Reasons

Punishment of the crime

1. On April 27, 2018, the Defendant was under the influence of alcohol level of 0.169% from blood alcohol level without obtaining a license for a violation of the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (Dless driving) on the road from around 50 meters to the front of the Eup/Myeon office located in D at approximately 50 meters from the front of the “Chop” heading on the road in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

2. On April 27, 2018, the Defendant, at the front of the Eup/Myeon office located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do on April 27, 2018, the Defendant, as a result of the operation of drinking as stated in the preceding paragraph, controlled F in the circumstances belonging to the Geumsan Police Station as if he was a type G G, signed the Defendant’s name on “G” and submitted it to the said F.

Accordingly, for the purpose of exercising, the Defendant forged the above G’s signature and submitted it to the above F, which knew of such fact.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act on the Traffic of Roads (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 239 (1) and Article 239 (2) of the Criminal Act (the point of forging a private signature and the point of exercising such a license) concerning the facts constituting an offense;

1. Standing concurrent crimes (limited to the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act (non-licensed driving)] Articles 40 and 50 of the Criminal Act;

1. Selection of sentence of imprisonment with prison labor for a crime of violating the traffic laws on the selective road;

1. Although there are favorable circumstances, such as the fact that the Defendant confessions the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes, and the Defendant reflects the fact that he/she is committing the instant crime, the Defendant shall make three times within the short period from April 2017 to the instant crime.

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