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(영문) 대전지방법원 2018.02.22 2017고단573
도로교통법위반(무면허운전)등
Text

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

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

Reasons

Punishment of the crime

1. On August 29, 2016, the Defendant violated the Road Traffic Act (Non-licensed Driving) and the Guarantee of Automobile Compensation Security Act (hereinafter “Defendant”), driving an without-registration text, which was not covered by mandatory insurance before Seo-gu Daejeon, without obtaining a motor engine bicycle license from around 19:00 on August 29, 2016.

2. On September 26, 2016, the Defendant forged the protocol of interrogation of a suspect under the name of E, a private document, for the purpose of using the name of E, written in the protocol of interrogation of a suspect to E prepared by a police officer affiliated with the above police station, after undergoing an investigation, using the Defendant’s awareness of the Defendant’s pro-Japanese resident registration number E, located in Seo-gu, Seo-gu, Daejeon, Daejeon, Daejeon, Daejeon, by using the Defendant’s awareness of the Defendant’s pro-Japanese resident registration number.

3. The Defendant, at the time and place specified in Paragraph 2 of the above Article, submitted to the investigating police officers affiliated with Daejeon Police Station D, who was aware of the circumstances, a suspect interrogation protocol was duly formed and exercised.

Summary of Evidence

1. A protocol concerning the interrogation of each police officer against the defendant or E;

1. Application of Acts and subordinate statutes to notify the actual survey report, the ledger of driver's license for motor vehicles, and the detection of non-registered motor vehicle bicycles;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 154 subparagraph 2 and 43 of the Road Traffic Act (non-licensed driving), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act (the operation of a vehicle with no mandatory insurance), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act (the use of private document) concerning the selection of fines, and the selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act, as well as other records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime.

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