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(영문) 서울중앙지방법원 2016.01.29 2015고정4315

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On March 29, 2015, the Defendant was driving a motor vehicle B, without a driver’s license, from a two-way apartment of the long-term village located in the Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, Seoyang-gu to the front road of the village in the same Dong from a two-way apartment of the long-term village located in the same Dong to the front road of the village elementary school located in the same Dong.

2. The Defendant’s unlawful uttering of official document was subject to a demand to present a driver’s license from a slope D belonging to the Busan Police Station C District District D while driving a B-Adi vehicle on the roads in front of the nearby elementary school located in the Seo-gu Incheon Metropolitan City, Seoyang-gu, Seoyang-gu at the same time as paragraph (1).

Then, the defendant did not display a public document by citing the first-class ordinary driver's license (number:F) of E in the name of the Seoul Regional Police Agency, which is an official document held by the defendant, as if he was the driver's license for the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. A copy of an illegal driver's license;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant Article 152 Subparag. 1, Article 43 of the Road Traffic Act (the point of driving without a license) concerning criminal facts, Article 230 of the Criminal Act (the point of uttering of official document) and the selection of fines, respectively;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;