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(영문) 인천지방법원 2017.09.20 2017고단4443
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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 June 18, 2017, the Defendant was driving a bble car without obtaining a driver’s license in the section of about 300 meters from the front day of the drid test, which was located in 848, the 16:37, Nam-gu, Incheon, Nam-gu, Incheon, to the front day of the Japanese church, located in 518-23, South-dong-gu, Incheon, without obtaining a driver’s license.

2. The Defendant’s unlawful uttering of official document was at the time and place specified in the foregoing paragraph (1) and required a police officer affiliated with the Incheon Southern Police Station C police box to present his/her driver’s license to the Defendant. The Defendant illegally displayed the official document by presenting his/her driver’s license under the name of friendly E, who was in possession, as the Defendant’s driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a copy of a driver's license (E) and a driver's license ledger;

1. Relevant legal provisions concerning the facts constituting an offense and driving without obtaining a license for the option of punishment: The occupation of unlawful uttering of official documents under Articles 152 subparagraph 1 and 43 of the Road Traffic Act: Article 230 of the Criminal Act;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Even though the defendant had a history of punishment for driving under drinking, the defendant's responsibility is not weak in light of the fact that he committed the crime in this case and used his identification card by stealing the same student in the course of sentencing under Article 62-2 of the Criminal Act.

However, the previous power has been punished by a fine for most relatively long, and the driving distance of this case is a short distance, the defendant is currently breaking his mistake in depth, and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., shall be determined as per the order, taking into account the following factors.

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