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(영문) 서울서부지방법원 2013.10.29 2013고단2017

도로교통법위반(무면허운전)등

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 14, 2013, the Defendant is a driver of the DMW car without obtaining a driver’s license. On July 14, 2013, the Defendant driven a distance of about 10km from the front day of a drinking house in which it is impossible to identify the Seoul Cheonggu Cheonggudong, Seoul, and the road from the front day of a drinking house to the 445-day road in Mapo-gu, Mapo-gu, Seoul.

2. The Defendant, for the purpose of exercising the right at the same time and place as in the preceding paragraph, was investigated by the Seoul Mapo Police Station Life Safety and the Assistant F belonging to E District for the same reason as in the preceding paragraph, while carrying out the investigation as he was G, submitted the signature and seal in the name of G on the “Voluntary Consent,” “Report,” “Report,” and “Report,” and submitted the signature and seal in the name of G, and exercised the forged and forged signature.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A report on detection of each host driver and a written consent to voluntary adoption;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 239 (1) of the Criminal Act for the crime (the point of private signature) and Article 239 (2) and (1) of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act for the crime;

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

1. Selection of imprisonment with prison labor for a crime of violation of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the accused's records of being punished for drinking or unlicensed driving, but the accused has no criminal records heavier than suspended sentence, surrenders himself immediately after committing the crime.