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(영문) 광주지방법원 2014.11.12 2014고단3567

도로교통법위반(무면허운전)등

Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 13, 2014, the Defendant, at around 18:13, driven a 5km car without a vehicle driver’s license, from the front day of the U.S. apartment road in the Seo-gu Pungdong, Seo-gu, Gwangju to the same-sex way in the Dong-dong, Gwangju-gu.

2. The Defendant violated the Resident Registration Act, on the date and time as indicated in the foregoing paragraph (1), and at the place, found C of the traffic safety department of the Gwangju East Police Station working for traffic control as a central crime and demanded to present an identification card, and used his/her resident registration number as if he/she were aware of, and instead used his/her resident registration number unlawfully.

3. The Defendant: (a) signed the “D” in the driver’s signature column and forged the signature of the said D with a view to exercising the Defendant’s right to enter the details of the regulation in a penalty payment notice using the police DNA at the time, at the place specified in the foregoing paragraph (1); (b) to require the Defendant to affix his personal information and affix his seal to the signature column.

4. The Defendant, at the time and place mentioned in the above paragraph (1), submitted to the above C a penalty payment notice signed as above, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of the Acts and subordinate statutes entered in the register of driver's licenses to the accused;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Operation without a license as indicated in the judgment: Subparagraph 1 of Article 152 and Article 43 of the Resident Registration Act;

(b) Illegal use of another person's resident registration number in the judgment: Article 37 subparagraph 10 of the Resident Registration Act;

(c) A private signature aid: Article 239(1) of the Criminal Act;

(d) The fact that the above investigation and signature is held: Article 239(2) and (1) of the Criminal Act;

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

1. There is no record of the suspended sentence of imprisonment without prison labor or heavier punishment under Article 62 (1) of the Criminal Act;