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(영문) 서울남부지방법원 2017.09.14 2017고단3147
사문서위조등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 5, 2016, the Defendant: (a) 10:56 around 10:56, 2016, the Defendant: (b) driven the Hatotoba-dong No. Hatoba-dong No. Haba-dong, U.S. on the road that was not covered by mandatory insurance on the long-distance street; (c) was controlled by the police; and (d) was demanded by the police to prepare a vehicle operation report from the police, and entered the Defendant’s name and resident registration number in the item column of personal information; and (d) forged the Defendant’s vehicle operation report, a private document on the certification of the name of D without authority, for the purpose of exercising the right

2. The Defendant, at the time and place specified in paragraph 1, submitted to the said C a written statement of the operation of the forged vehicle at the time and place, and exercised the said document.

3. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any motor vehicle which is not covered by mandatory insurance;

Nevertheless, at around 10:50 on November 5, 2016, the Defendant operated eW125 Obaba, where approximately 16 km from the Newbaba-dong, Dongjak-gu, Seoul Metropolitan Government to the private distance, and the eW125 Obaba, the Defendant did not purchase a mandatory insurance policy.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a written statement of the occurrence of the case and vehicle operation;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Article 234 of the Criminal Act (the point of exercising the aforementioned investigation document), Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, the main sentence of Article 8, and the choice of imprisonment, respectively;

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. Although there are many previous drivers who are subject to the suspended sentence under Article 62(1) of the Criminal Act, they do not have any previous convictions exceeding the fine, due consideration of the circumstances, such as the motive for the crime, the circumstances after the crime, etc.

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