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(영문) 전주지방법원 2015.06.23 2015고단415
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On February 25, 2015, the Defendant, without a driver’s license, driven approximately 6 km from February 10:32, 2015, B new-frequency trucks to the front of the jun Jin-dong unit of the Jeon-gu Seoul Metropolitan City, Jin-gu, Seoul Metropolitan City, with approximately 6 km from February 25, 2015.

2. The Defendant violated the Resident Registration Act, at the time and place under the preceding paragraph, provided that a traffic police officer assistant C who demanded a driver’s license to produce a driver’s license in order to control the Defendant’s violation of the foregoing paragraph, thereby illegally using another person’s resident registration number.

3. When the Defendant controlled the violation of the cargo fall prevention at the date, time, and place under the preceding paragraph, the Defendant signed the signature as if it were D without authority for the purpose of exercising the right to request the driver’s column to sign the driver’s column by accessing the transportation police computer network to PDA, allowing C to enter the personal information and the details of the violation on the penalty payment notice.

4. The Defendant forged a private signature at the time, time, and place mentioned in the preceding paragraph, and exercised it to the above C with no knowledge of such circumstances.

Summary of Evidence

1. Defendant's legal statement;

1. Voluntary report on the same conduct (the unauthorized license and the unlawful use of private signature and seal);

1. A penalty payment notification;

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

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 37 and subparagraph 10 of the Resident Registration Act (the illegal use of resident registration number and the choice of imprisonment), Article 239 (1) and (2) of the Criminal Act (the use of unlawful signature) of the same Act;

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

1. Article 62(1) of the Criminal Act (see, e.g., Article 62(1));

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