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(영문) 대전지방법원 2013.12.13 2013고단3777
공문서부정행사등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On June 30, 2013, the Defendant: (a) on June 30, 2013, the illegal uttering of official documents was discovered to have C on the front side of the Seo-gu Seo-gu Daejeon Seo-dong, Seo-gu, Seo-gu, Daejeon for the use of the safety labelling line while driving the D C, and was required to present his/her driver’s license from the slope belonging to the Chungcheongnam-nam Provincial Police Agency security guard and the Highway patrol Team II.

The defendant, who is a public document, presented C's first-class ordinary driver's license under the name of the commissioner of the Daejeon Provincial Police Agency, as if he was the defendant's driver's license, and held an official document unlawfully.

2. Around 10:50 on June 30, 2013, the Defendant driven a D body-wide car without obtaining a driver’s license from the front side of the slotte in Seo-gu Daejeon, Seo-gu, Daejeon to the front side of the Daejeon Pluter in the same Gu.

Summary of Evidence

1. Legal statement of witness E;

1. Protocols prepared by the police interrogation protocol partially C, investigation report (related to control), administrative appeal request, ledger of driver's license, statement, prior notice of disposition for cancellation of driver's license, certificate of issuance of a temporary driver's license, and domestic registration inquiry;

1. Application of the photographic Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Illegal uttering of official documents: Article 230 of the Criminal Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act.

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes is that the defendant had been already punished several times due to drunk driving or unlicensed driving, and the defendant again committed the crime of this case without being aware of the history of punishment, and the crime of this case is committed by unlawful uttering of official document, and the quality of the crime is poor and the degree of opening is not shown. Thus, the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime, etc. are included.

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