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(영문) 부산지방법원 2014.12.19 2013고단9391
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant in violation of the Immigration Control Act continued to stay until September 8, 2013, without obtaining permission for extension of the period of stay from the Minister of Justice before the period of stay expires, on November 23, 2010, when he/she entered Vietnam as an employee visa (E-9) on November 24, 2007.

2. Around September 22, 2013, the Defendant driven a 49CC under the influence of alcohol concentration of about 500 meters from the road front of the river basin in Gangseo-gu Busan Metropolitan City to the new Yanpo-dong road located in Gangseo-gu, Busan, for the purpose of drinking alcohol concentration of about 0.132% without a motorcycle driver’s license, on September 8, 2013.

3. On September 8, 2013, the Defendant: (a) on September 23:35, 2013, at an emergency hospital located in the Seongbuk-gu Busan Metropolitan City, issued an official document under the name of another person by presenting a drinking test and identification card to the Busan Northern Police Station B, who is required to present an identification card; and (b) who is in advance in C’s foreign registration certificate, presented the official document under the name of another.

4. The Defendant, at the time and place specified in the preceding paragraph, entered the signature column in the signature column of the report on the statement of the de facto driver, and forged another’s signature without authority for the purpose of exercising the signature, and exercised the forged signature by delivering the above signed document to a slope B who is unaware of the forged fact.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Each report on investigation;

1. Statement on the circumstantial statement of the employee;

1. Application of statutes to the ledger of driver's licenses, administrative disposition inquiry of the main office, and details of disposition for cancellation;

1. Article 94 Subparag. 17 of the Immigration Control Act, Article 25 of the Immigration Control Act, Article 148-2(2)2 of the Road Traffic Act, and Article 44(1) of the same Act concerning the facts constituting an offense (the point of driving for drinking).

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