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(영문) 의정부지방법원 2016.11.28 2016고단4346

공문서부정행사등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around January 2016, the Defendant acquired a driver’s license for a motor vehicle lost by a victim C on the road near Gangnam-gu Seoul Gangnam-gu Office, Gangnam-gu, Seoul.

The Defendant did not take necessary measures, such as returning the 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 13, 2016, the Defendant was required to produce a driver’s license for a motor vehicle from a slope F in a police box belonging to the medical police station, which performed patrol while driving the DamM5 motor vehicle on the road near the Y5 motor vehicle located in the area of the shot (U.S.) due to peace of the government around 11:10 of the Republic of Korea.

Accordingly, the Defendant, a public document obtained as stated in the above paragraph (1), was held unlawfully by presenting C’s driver’s license under the name of the director of the Seoul Local Police Agency, as if the Defendant was the driver’s license of the Defendant.

3. Violation of the Road Traffic Act (Unlicensed Driving) driving of the said vehicle without obtaining a driver’s license from a 3km section of the said vehicle from the 13-km-si, the front of the said new apartment road, which is a temporary border, to the roads adjacent to the 3 km-si, the Sim-si, which is located in the same city of peace.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. Registers of driver's licenses;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act as to the crime, Article 360(1) of the Criminal Act as to the choice of punishment (the embezzlement of stolen objects), Article 230 of the Criminal Act (the occupation of an unlawful uttering of official document), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (the occupation of driving without a license), the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The defendant has already been punished seven times due to drinking or unlicensed driving.