Whether an act of presenting a resident registration certificate or a driver's license upon a request for presentation of the resident registration certificate to verify his/her status constitutes a crime of unlawful use of official documents (negative)

The unlawful uttering of official document under Article 230 of the Criminal Act is established in the case of an official document whose purpose of use is specified, a person who is not the title holder of the official document is pretended to be the title holder of the official document and performs an event in accordance with the purpose of use. The original purpose of the driver's license is to carry it when driving a motor vehicle, and only present it when requested by a police officer while driving a motor vehicle, and it does not prove the identity of the holder. Thus, the defendant's presentation of the driver's license upon the request of the owner of pawnpoon for the presentation of the resident registration certificate for identification does not constitute an unlawful use of official document.

Article 230 of the Criminal Act, Articles 68, 69, and 77 of the Road Traffic Act

Supreme Court Decision 88Do1593 decided Mar. 28, 1989 (Gong1989, 708), Supreme Court Decision 90Do1877 decided May 28, 1991 (Gong1991, 1820)

Defendant

Prosecutor

Seoul Criminal Court Decision 91No171 delivered on March 27, 1991

The appeal is dismissed.

As to the Prosecutor’s Grounds of Appeal

The crime of uttering of official document under Article 230 of the Criminal Code is established in the case of an official document whose purpose of use is specified, and a person who is not the person under the name of the user is pretended to be the person under the name of the user. The original purpose of the driver's license is the official document proving that the person has passed the driver's license test, and the original purpose of the driver's license is to carry it at the time of driving, and it is only to present it at the time when the police officer requests the presentation of the certificate, and it does not prove the identity of the holder. Thus, in this case, the defendant's presentation of the driver's license with the request for presentation of the resident registration certificate to confirm his identity from the South-west Line, and it cannot be seen as an act in accordance with the above purpose of use of the driver's license (see Supreme Court Decision 8Do1593 delivered on March 28, 198). The judgment of the court below that acquitted the defendant's use of the official document is justified and there is no error of law in the misapprehension of legal principles.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Sang-won (Presiding Justice)