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(영문) 창원지방법원 2014.05.16 2014고정292

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On October 19, 2013, the Defendant: (a) around 13:30 on October 19, 2013; (b) driven a DNA delelian motor bicycle on the front of the D cafeteria located in Seocho-gu, Changwon-si; and (c) was exposed to the police crackdown.

At this time, the police box of the Jinhae Police Station showed a pro-friendly H's resident registration number by leaving the fact that the person requested to produce a driver's license by G during the police box of the Jinhae Police Station was born.

In this context, at the end of the Unlicensed Control Statement prepared by G in the name of H, the defendant stated and sealed the above H's name and forged the Police Control Statement, which is a private document.

2. The Defendant at the time and place specified in paragraph (1) of this Article: (a) delivered the forged control statement to G, the police officer who was aware of the forgery, as if it were the document duly formed; and (b) exercised it.

3. On October 13, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a motorcycle driver’s license, and driven a 10-meter radius from the front road of the Green Oil Station located in the Yongsan-gu, Jinhae-si, Changwon-si to the front road of the said D cafeteria to the same 10-meter radius.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement of control;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the selection of fines;

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

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.