[1] Whether the “Register of Automobile Driver’s License” falls under the “original authenticated copy” under Article 228(1) of the Criminal Act (negative)

[2] The case holding that the judgment below which found a public official in charge guilty on the premise that the vehicle driving license ledger is the original copy of a notarial deed, is erroneous in the misapprehension of legal principle, on the facts charged that the vehicle driving license ledger is the original copy of a notarial deed by submitting a photograph of a person other than his/her photograph to the photograph of another person

[1] In full view of the purport of Article 94 of the Enforcement Decree of the Road Traffic Act and Articles 38, 77, 78, 80, and 98 of the Enforcement Rule of the same Act, it is merely merely to enter the personal information, license number, etc. of the person causing the traffic accident, or the matters concerning the issuance and reissuance, etc. of the driver's license for the convenience of administrative affairs of the driver's license, and it cannot be deemed that the vehicle driver's license register has the effect of granting, changing, or losing any right and duty to the person who acquired the pertinent driver's license through the entry thereof. Therefore, the vehicle driver's license register is merely about the certificate of fact, and it cannot be deemed that it is an authentic copy of an authentic deed under Article 228

[2] The case holding that the judgment below which found a public official in charge guilty of all of the charges on the premise that a driver's license register is an authentic copy of a notarial deed, is erroneous in the misapprehension of legal principle, on the premise that the driver's license register is the authentic copy of a notarial deed by submitting a photograph of a person other than his/her photograph to the

[1] Article 228(1) of the Criminal Act / [2] Articles 228(1) and 229 of the Criminal Act

[1] Supreme Court Decision 87Do2696 delivered on May 24, 198 (Gong1988, 1008) Supreme Court Decision 2004Do7137 Delivered on May 13, 2005

Defendant

Defendant

Suwon District Court Decision 2009No4919 decided January 7, 2010

The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

Before determining the grounds of appeal, we examine it ex officio.

The term "notarial deed" as referred to in Article 228 (1) of the Criminal Act refers only to a notarial deed concerning rights and obligations, and it does not include any certification of facts (see Supreme Court Decision 2004Do7137, May 13, 2005).

According to the reasoning of the judgment below, the court below affirmed the judgment of the court of first instance which convicted all the facts charged that "the defendant submitted a photograph of a person other than the defendant himself/herself by attaching a photograph of another person other than his/her photograph to an application form for re-issuance of a motor vehicle driver's license, thereby having a public official in charge enter false facts in the ledger of driver's license, which is the original copy of a authentic deed,

However, such measures by the court below are difficult to accept in light of the aforementioned legal principles. In full view of the purport of Article 94 of the Enforcement Decree of the Road Traffic Act and Articles 38, 77, 78, 80, and 98 of the Enforcement Rule of the same Act, the driver's license register is merely an entry of an offender, traffic accident-causing person's personal information, license number, etc., or an entry of matters concerning the issuance and reissuance, etc. of a driver's license for the convenience of the execution of administrative affairs, and it cannot be deemed that the effect of granting, changing, or losing any right and duty to the purchaser of the relevant driver's license through the entry. Examining these circumstances in light of the aforementioned legal principles, the driver's license register is merely about a certificate of fact, and it cannot be deemed as an authentic copy of a notarial deed under Article 228 (1) of the Criminal Act. However, in light of the legal principles as seen earlier, the driver's license register can be punished under Article 228 (2) of the Criminal Act, and thus, the court below maintained all of the judgment below's charges as it.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Young-chul (Presiding Justice)