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(영문) 수원지방법원 2017.10.31 2017고단5682
공문서부정행사등
Text

A defendant shall be punished by imprisonment 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 July 9, 2017, the Defendant: (a) driven a B rocketing car without obtaining a driver’s license in a section of about 30 km from the king-si (Seoul) to the road near the south of 765 km-ro, luminous-ro, luminous-ro, flashing around 13:40 square meters.

2. The Defendant was at the time and place specified in paragraph 1, and at the place, required to present a driver’s license for the Gyeonggi light Police Station C police box while driving a B rocketing car without obtaining a driver’s license for a motor vehicle.

The defendant suggested that the defendant's driver's license for the kind 1 common E and motor device bicycle driver's license is the defendant's driver's license under the name of the president of the Gyeonggi-do National Police Agency, which is an official document.

Accordingly, the defendant did not use official documents.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Investigation report (No. 2 of the evidence list);

1. Application of Acts and subordinate statutes governing driver's license pictures;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense (the occupation of driving without a license) and Article 230 of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated by concurrent crimes with the punishment imposed on illegal punishment of heavier public documents);

1. Article 62 (1) of the Criminal Act (amended by Act No. 1014, Mar. 1, 201);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[ favorable circumstances] The Defendant acknowledged his mistake while making a confession of each of the instant crimes, and the Defendant did not cause other damages, such as traffic accidents, and the driver’s license on May 14, 2016.

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