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(영문) 서울북부지방법원 2015.06.24 2015고정1189

도로교통법위반(무면허운전)등

Text

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

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

Reasons

Punishment of the crime

1. On April 6, 2014, the Defendant driving a motorcycle at approximately 2 km section B (124 cc) in the same Dong without obtaining a driving license for the road driving license on April 6, 2014.

2. On April 7, 2014, the Defendant forged private documents: (a) indicated “C” and “D” in the name column of the statement of traffic accident occurrence; and (b) signed and sealed on the resident registration number column in order to escape the detection of the occurrence of traffic accidents and the detection of unauthorized driving when he/she was investigated at the traffic survey center office of the Seoul Southern Police Station.

Ultimately, for the purpose of exercising authority, the Defendant forged a private document under the name C in relation to a certificate of fact.

3. The Defendant: (a) delivered the falsified statement of traffic accident occurrence under paragraph (2) above to E in the event of the event; and (b) exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Registers of driver's licenses;

1. Statement on the occurrence of each traffic accident;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant legal provisions concerning the facts of crime, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act that choose the punishment, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the selection of fines, respectively;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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