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(영문) 광주지방법원 해남지원 2015.07.09 2015고단196
공문서부정행사등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 13, 2014, the Defendant was sentenced to 8 months of imprisonment or 2 years of suspended execution due to a violation of the Road Traffic Act by this court on August 13, 2014, and the said judgment becomes final and conclusive on August 21, 2014.

1. On March 11, 2015, the Defendant: (a) while driving a vehicle owned by C in front of the vehicle owned by C in front of the Hadonam-gun, the said vehicle was confirmed to be in a default of administrative fines; and (b) the said vehicle was found to have obtained in advance from F in the circumstances where it was affiliated with the Seoul Provincial Police Agency, who was requested to present an identification card from F, and presented the first class ordinary driver’s license under the name of the head of the Seoul Provincial Police Agency as the Defendant’s driver’s license.

2. The Defendant has driven the said vehicle without a driver’s license at the time and place specified in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Attachment of records, lists of seizure and photographs of seized articles;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment of criminal records of the same kind as the suspect), application of Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 1 of Article 152, Article 43 of the Road Traffic Act that selects a penalty, and Article 230 of the Criminal Act (the point of unlawful exercise of official documents and the choice of imprisonment);

1. From among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act have several records of punishment for drinking and driving without a license, and in light of the fact that the defendant has been punished for the same kind of crime and re-driving without a license during the suspension period, it cannot be seen that the defendant has been unable to reflect that the defendant has committed a traffic-related crime, and it is not enough to exercise another person's identification card to escape from punishment, and it is so ordered as per Disposition.

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