beta
(영문) 서울서부지방법원 2021.01.21 2018고단1820

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On March 10, 2018, the Defendant violated the Road Traffic Act (non-licenseless Driving) driving the E (CA110V) in an insular section from the front of the C store located in Eunpyeong-gu Seoul Metropolitan Government to the front of the same Gu D, without obtaining a license for a motor device bicycle, to drive the E (CA110V) in an insular section from March 10, 2018.

2. The Defendant violated the Resident Registration Act at the time, at the place, as described in paragraph (1) at the time, and at the place, Seoul: (a) did not possess an identification card in order to verify the identity of the Defendant who was requested to present a driver’s license from G G in the Bupyeong Police Station F; and (b) was in a usual manner while driving the Defendant’s friendship as if the Defendant was the Defendant

H’s resident registration number (I) was given to the above G to use another’s resident registration number unlawfully.

3. The Defendant forged a private signature and exercised the signature at the time, place, as described in paragraph 1, and as described in paragraph 2, ordered the above G to transmit it to the police computer network by ordering the Defendant to “H” in the signature column of the notice of the penalty payment of the police short term, wherein the name, resident registration number, and signals or instructions of H were entered from the above G, as stated in paragraph 1 (2).

Accordingly, the Defendant forged the H’s signature for the purpose of exercising the right, and exercised it.

Summary of Evidence

1. The motor vehicle driver's license ledger of the defendant's legal statement and control;

1. Application of statutes to a penalty payment notification;

1. Article 154 Subparag. 2 and Article 43 of the former Road Traffic Act (Amended by Act No. 16830, Dec. 24, 2019); Article 37 Subparag. 10 of the Resident Registration Act; Article 239(1) and (2) of the Criminal Act concerning the crime

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act (i.e., reflective points);

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.