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(영문) 인천지방법원 부천지원 2017.02.10 2016고단3391

뇌물공여의사표시등

Text

A defendant shall be punished by imprisonment for four months.

Seized evidence No. 1 shall be forfeited from the defendant.

Reasons

Punishment of the crime

1. On October 26, 2016, the Defendant driving a DNA cargo vehicle without obtaining a driver’s license in a section of about 10 km from the 28th road of the 16th road to the 16th road of the Seo-gu Incheon Seo-gu, Seo-gu, Incheon, Seo-gu, to the 09:38 upper-si road of the same day.

2. On October 26, 2016, the Defendant expressed his intention to grant a bribe was subject to control on the grounds that he operated the cargo vehicle in violation of the designated lane by the F, the circumstances under which the Incheon Regional Police Agency Ethical Police Agency, who controlled the designated lane, on the outer expressway outside the Seoul Metropolitan City, and by means of the F, located on the designated lane in Bupyeong-si, Seocheon-si.

When the defendant was found to have been driving without a license to F, the defendant tried to 1050,000 won in cash in soliciting him to impliedly ask him to drive without a license.

Accordingly, the defendant expressed his intention to accept a bribe in relation to the public official's duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Records of seizure, lists of seizure, and photographs of seized articles;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions of the Criminal Act, Articles 133(1) and 129(1) of the Criminal Act (the point where a bribe is expressed) concerning criminal facts, Articles 152 subparag. 1 and 43 of the Road Traffic Act, and the selection of imprisonment with prison labor;

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

1. Reasons for sentencing under Article 134 of the Criminal Act;

1. Sentencing (Scope of the recommended punishment) is a concurrent crime with a violation of the Road Traffic Act (unlicensed driving) for which the sentencing criteria are not set in the case of a promise or declaration of intent to grant a bribe in the mitigated area (one to six months) (one month) (special mitigated person) of the mitigated area, and compliance with only one month, who is the lowest sentence, is a concurrent crime;

2. The Defendant, who has been sentenced to criminal punishment on a multiple occasions by driving without a license (four times a penalty, one time a suspended sentence), also has the history of serving the sentence in 2015.