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(영문) 수원지방법원 2016.02.03 2015노6888

교통사고처리특례법위반등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. Prosecutor 1) At the time of misunderstanding of facts and misunderstanding of legal principles (the violation of the Resident Registration Act), police officers K sent to the site was recorded in the resident registration number of Dong L and the mobile phone number of Dong L, and in case of confirming the personal information by giving them a living year only, it shall be confirmed through a specific inquiry, and in case of confirming the personal information, it shall be confirmed through a specific inquiry. In full view of the evidence submitted by the prosecutor, the fact that the Defendant was not a resident registration number of Dong to police officers can be sufficiently recognized.

B) Even if the Defendant issued a police officer L's date of birth.

Even if Article 37 subparag. 10 of the Resident Registration Act does not limit only the defendant's own resident registration number but also includes the use of his/her resident registration number in the process of confirming whether he/she is a third person's resident registration number. In the process that police officers inquire about L's resident registration number based on L's date of birth and confirm it to the defendant, since the defendant was aware that L's resident registration number was used, the situation report of the driver in charge, and the report on detection of the driver in charge, and signed on the above documents, the defendant's act constitutes cases where the

2) The sentence of the lower court’s improper sentencing is too unfortunate and unreasonable.

2. The summary of the facts charged concerning the violation of the Resident Registration Act by the Prosecutor’s misunderstanding of the facts and misapprehension of the legal principles on the part of the Prosecutor’s assertion on the violation of the Act on the Resident Registration of this case is that the Defendant was demanded by the PoliceJ to make a statement of his/her personal information, and notified the above police officer of his/her resident registration number and used it unlawfully. The evidence submitted by the Prosecutor alone