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(영문) 창원지방법원 2019.05.15 2019고단851

출입국관리법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 21:50 on December 30, 2017, the Defendant driven a e-car under the influence of alcohol concentration of about 0.085% without obtaining a driver’s license from a section of about 500 meters from the front day of a high-speed season where the trade name in Yangsan City B is unknown, to the front day of D in C, and without obtaining a driver’s license.

2. The Defendant’s unlawful uttering of official document is driving a car in a state of driving without a driver’s license, at the same time and place as in paragraph (1).

The person who is requested to produce an identification card by the police officer belonging to the Yangsan Police Station, and the defendant F's foreigner registration certificate under the name of the head of the Gwangju Immigration Office, an official document, was presented for the purpose of identification verification as if the defendant was an alien registration certificate for the defendant.

Accordingly, the defendant did not use official documents.

3. Any foreigner who violates the Immigration Control Act may sojourn in Korea within the limits of his/her sojourn status and period of sojourn.

Nevertheless, the Defendant entered the Republic of Korea with a visa on July 13, 2011, and continued to stay in the Republic of Korea without departure on November 25, 201, despite the expiration of the period of stay on November 25, 2011, and stayed beyond the scope of the period of stay.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement concerning F;

1. A report on internal investigation (attached to documents related to the time of detection of a sound driving);

1. Application of registered foreigners card, current status of entry and departure of each individual, and Acts and subordinate statutes for investigation and cooperation;

1. Article 94 Subparag. 7 of the Immigration Control Act, Article 17(1) of the Immigration Control Act (the point of exceeding the period of stay), Article 230 of the Criminal Act, Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (the point of unauthorized Driving) and Article 148-2(2)3 and Article 44(1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018) concerning the crime;

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

1. Punishment;