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(영문) 부산지방법원 2016.12.15 2016고정2484

공문서부정행사등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 22, 2013, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution, and 10 months of imprisonment with prison labor for the crime of obstruction of performance of official duties from the Busan District Court, and the judgment became final and conclusive on July 26, 2013.

1. Although the Defendant and C did not have obtained a driver’s license, the Defendant and C expressed their intent to siren the car by using the D’s driver’s license that Defendant A had acquired in advance, as if Defendant A was D.

On August 15, 2012, around 16:30 on August 15, 2012, the Defendant and C, at the French Office located in Busan Northern-gu, requested the presentation of an identification card from H, an employee of the said company, proposed a first-class ordinary driver's license for D, and Defendant A signed D on the lessee of the automobile rental contract, and Defendant C, while doing so, signed his name in the joint lessee column of the automobile rental contract.

Accordingly, the defendant and C jointly exercised the first class ordinary driver's license for D in the name of the Commissioner of Busan Local Police Agency, which is an official document.

2. On August 15, 2012, the Defendant violated the Road Traffic Act (unlicensed driving) driving the G EX car from around 16:30 to September 6, 2012 without obtaining a driving license.

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. Police suspect interrogation protocol regarding C;

1. Each police statement of H and D;

1. Automobile rental contract;

1. Previous convictions in judgment: Criminal records and application of respective statutes governing judgment;

1. Relevant Article 230 of the Criminal Act, Articles 230 and 30 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act, the selection of fines for the crimes;

1. The principle of equity is to be judged concurrently with the crime of injury, obstruction of the performance of official duties, which has become final and conclusive in the latter part of Article 37 and Article 39(1) of the Criminal Act.