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(영문) 대구지방법원 2016.01.12 2015고단4644
도로교통법위반(무면허운전)등
Text

Defendant

(1) The person shall be punished by imprisonment for not less than eight months and by a fine not exceeding 300,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On August 4, 2015, the Defendant violated the Road Traffic Act (non-licenseless Driving) driven, without a motor motor device bicycle driver’s license on August 4, 2015, at the front of his house located in Daegu Dong-gu, Daegu Dong-gu, 05:45 on the same day, the Defendant driven, at the level of 17 kilometers, the C Obaba in 17 kilometers in 124 kilometers in the village of Jinsan-si, Daegu-si.

2. On August 4, 2015, the Defendant: (a) harvested 22 sublimees worth KRW 30,000, the market value of which is the victim’s possession in the sublime dry field cultivated by the victim E in Busan Metropolitan City around 06:00; and (b) stolen them.

3. On August 4, 2015, the Defendant: (a) stated the name of “G”, the birth of the Defendant’s birth in the interrogation protocol and the investigative process confirmation; (b) stated the name on each sex column of the suspect interrogation protocol and the investigative process confirmation; and (c) posted the written confirmation of the suspect interrogation protocol and the investigative process verification to an assistant F as if the written confirmation of the suspect interrogation protocol and the investigative process confirmation was duly completed, at the office of the 2nd team of the criminal police station located in 10:20 on August 4, 2015.

Accordingly, the defendant forged another person's signature for the purpose of exercising it, and exercised it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning interrogation of the police officer in relation to G (one time);

1. Statement of the police statement to E (one time);

1. Police seizure records (voluntary submission), list of seizure, and field photographs;

1. The investigation report (as to the confirmation of the suspect’s personal information)

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 154 Subparag. 2 of the relevant Act and Articles 154 Subparag. 2, 43 (Unlicensed Driving, Selection of Fine), Article 329 (Aggravated Selection) of the Criminal Act, Article 239(1) (a) of the Criminal Act, Article 239(2) and (1) of the Criminal Act concerning the crime;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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