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(영문) 의정부지방법원 2014.02.07 2013고단4172
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

1. On September 11, 2013, from around 12:00 on September 11, 2013 to around 14:56 of the same day, the Defendant driven a vehicle of approximately 50 km chip from the 'Matern Hospital' to the front of the Gangseo-gu Seoul Gangseo-gu Gandong 275-1 Gancheon-dong 275-1 Gancheon-dong 2nd class.

2. On September 11, 2013, the Defendant: (a) around 16:00 on September 11, 2013, the Defendant entered his/her name “F” in the name column of the document by using a typesetting pen in the written statement while being investigated by the Gangseo-gu Seoul Metropolitan Police Station E District; and (b) the Defendant entered his/her name “F” in the document.

Accordingly, the Defendant forged another person’s signature for the purpose of exercising the right.

3. The Defendant: (a) submitted to G police officers in charge of not knowing the forgery at the time, place, etc. set forth in paragraph (2) as if the signature of the written statement stating the forged signature was authentic; and (b) exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by the defendant (No. 2 of the evidence list);

1. A statement prepared by H;

1. Control note;

1. Application of Acts and subordinate statutes to a license ledger;

1. Relevant Article of the Criminal Act, subparagraph 1 of Article 152, Article 43, Article 239 (1) of the Criminal Act, Article 239 (2) and Article 239 (1) of the Criminal Act, which provides for the relevant Article of the Road Traffic Act, the selection of punishment for a crime, or the selection of punishment;

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

1. The portion dismissing prosecution under Article 62 (1) of the Criminal Act (limited to the case where it was controlled while driving without a license) (limited to the case where a person commits an offense and prepares a written statement by stealing personal information of the words, but it is not good to acknowledge and reflect the offense, the case where there is no previous conviction other than fines on two occasions prior to six years, the case where a person supports a young child, the circumstances leading to the offense, etc.

1. He/she shall not unlawfully use another person's resident registration number in a summary of the facts charged;

Nevertheless, the defendant around 16:00 on September 11, 2013, the Gangseo-gu Seoul Metropolitan Government D Seoul Gangseo Police Station.

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