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(영문) 창원지방법원 2016.10.18 2016고단2522
도로교통법위반(무면허운전)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On June 8, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) (hereinafter “Road Traffic Act”), at around 10 kilometers in the section of about 10 kilometers in front of the Gu Community Center located in Changwon-si, Masan-si (Seoul National University), from the road near the Gyeongwon-si, Changwon-si, Seoul National University to the road located in front of the Gu Community Center, without obtaining a driver’s license, at around 09:56.

2. The Defendant’s unlawful uttering of official document was discovered to Jinhae Police Station Assistant D while driving a vehicle in front of the above Gu Community Center in violation of the signals on the road, and subsequently, the Defendant presented a driver’s license under the name of D and the Commissioner of the Gyeongnam Police Agency, who was in possession, as if he were his driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The criminal place;

1. Seizure records;

1. Driver's license (E);

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article 230 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the same Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

1. In full view of the details and methods of the crime of sentencing under Article 62(1) of the Criminal Act, the sentence identical to the order was determined in light of the following factors:

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