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(영문) 의정부지방법원 고양지원 2016.11.30 2016고단1865
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On August 19, 2013, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) driving a B-low-income vehicle under the influence of alcohol by 0.117% without a driver’s license, at the front of the Goyang-gu Mangyeong-gu, Mangyeong-gu, Goyang-si.

2. On August 19, 2013, the Defendant forged private documents: (a) around 00:42, the Defendant drafted a report on the detection of drinking drivers and the circumstantial report on drinking drivers at the port area in Yongsan-gu, Yongsan-gu; (b) made the driver’s name “C” in the driver’s name column by using an examination color pen; and (c) marked the Defendant’s excellent impression next to the name.

Accordingly, the Defendant, for the purpose of uttering, forged each copy of C’s report on detection of a master driver in the name of C and one of the circumstantial report on a master driver.

3. At the time and place specified in the above 2. Paragraph 2, the Defendant: (a) delivered the forged report on the detection of the driver and the circumstantial report to the assistant E belonging to the District Police Agency D District; (b) as if it were a document duly formed; and (c) exercised the aforementioned report.

Summary of Evidence

1. Defendant's legal statement;

1. Register of driver's licenses, copy of suspect interrogation protocol, and report on detection of a host driver (Evidence No. 7);

1. Application of Acts and subordinate statutes to a report on the qualification of an employer-employed driver, and a report on the status of an employer-employed driver (proof No. 10);

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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