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(영문) 서울서부지방법원 2017.05.18 2017고단527

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around January 24, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a MFW car without a driver’s license on the front side of the World Cup stadium located in Mapo-gu Seoul, Mapo-gu to the front side of the Seoul Mapo-gu, Seoul and the front side of the Seoul Mapo-gu.

2. On January 24, 2017, the Defendant was subject to non-inspection while driving a FMW car on the front side of Mapo-gu Seoul, Mapo-gu, Seoul, and was requested to present a driver’s license to the police officer belonging to the Mapo-gu Seoul Police Station G to the Seoul Mapo-gu Police Station.

Accordingly, Defendant 1 presented the Defendant’s pro-Japanese driver’s license under the name of the Seoul Regional Police Agency, which was an official document near the above driver’s license of the Defendant, and presented the official document as if the Defendant was the driver’s license of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of a driver's license;

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

1. Article 152 Subparag. 1, Article 43 (Unlicensed Driving, Selection of Imprisonment), Article 230 (Unlawful Exercise of Official Document, Selection of Imprisonment) of the Criminal Act concerning facts constituting an offense;

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 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of punishment according to the sentencing guidelines] The first type of the crime (the crime of unlawful uttering of official documents, etc.) (the crime of unlawful uttering of official documents, etc.) committed by the O No. 2 of the basic area (the crime of violating road traffic law (the crime of non-licenseless driving) is not set in the sentencing guidelines.

O Since the crimes for which the sentencing guidelines are set in the range of recommended sentences according to the regulations on the handling of multiple crimes and the crimes for which the sentencing guidelines are not set are substantive concurrent crimes, only the lower limit of the scope of recommended sentences shall be applied.

[Determination of sentence] The following conditions are based on the conditions of sentencing and sentencing guidelines prescribed by Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive of the crime, and circumstances after the crime.