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(영문) 의정부지방법원 고양지원 2017.02.02 2016고단3216
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six 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 October 27, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving of a motor vehicle via Eracing, without obtaining a driver’s license, from the front of the Defendant’s house located in Il-dong, Busan Metropolitan City, Dong-gu to the front of the road, which is located in the same 649-22, from around 3km section to the front of the road.

2. The unlawful uttering of official document presented G driving license, which is the Defendant’s private village, as if the Defendant was the Defendant’s driver’s license, because the Defendant was exposed to F, a police officer belonging to the Hansan Police Station while driving the said vehicle by breaking the central line at the time and place specified in paragraph 1.

Accordingly, the Defendant denied the driver's license, which is a document of a public official or a public office.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Copy of driver's license, details of revocation of driver's license, and application of statutes to the driver's license ledger;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 of the same Act (the point of driving without a license) concerning the facts constituting an offense, Article 230 of the Criminal Act (the point of uttering of official document) 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. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, was discovered while driving without a license, and the Defendant presented another person’s driver’s license as his/her own.

B. The Defendant is bad after committing the crime, such as recognizing that a traffic control police officer is another person's driver's license, and making the police officer aware that he/she is another person's driver's license.

However, there is no criminal record against the defendant, and there is no same kind of criminal record.

The defendant disposes of his own motor vehicle and again does not stop the unlicensed driving crime.

In addition, all of the sentencing conditions identified in the records of this case and the trial process, such as the defendant's age, sex, environment, motive of crime, circumstances after crime, etc., are taken into consideration as ordered.

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