Whether the so-called "illegal uttering of Official Document", which presented a driver's license, is required to present his/her resident registration certificate to verify his/her personal information when being examined by the police box (negative)

According to the provisions of Articles 68, 69, and 77 of the Road Traffic Act, a driver's license is a public document evidencing that the driver's license has passed the driver's license test and that the driver's license is permitted to drive a motor vehicle, and its original purpose of use is specified so that it can be proved that the driver's license is permitted to drive a motor vehicle while driving the motor vehicle. It does not confirm the possessor's personal information. Thus, the so-called "the driver's license that the defendant presented the driver's license that the police officer in charge has requested to present his/her resident registration certificate for confirmation of his/her personal information at the police box cannot be deemed an exercise for that purpose, and it does not constitute an unlawful uttering of public document under Article 2

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

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Han, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant-appellant-appellee)

Defendant

Prosecutor

Chuncheon District Court Decision 90No170 delivered on May 10, 1990

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

According to the provisions of Articles 68, 69, and 77 of the Road Traffic Act, the driver's license is a public document proving that the driver's license passed the driver's license test and the driver's license is permitted, and its original purpose of use is specified so that the driver's license is permitted to drive a motor vehicle while driving the motor vehicle, and the possessor's personal information is not verified. Thus, as the judgment of the court below is held, the defendant's presentation of the driver's license issued to the defendant who was in possession of the defendant's request to present his resident registration certificate to confirm the defendant's personal information cannot be deemed to use the driver's license according to the other person's use, and it does not constitute an unlawful uttering of public document under Article 230 of the Criminal Act (see Supreme Court Decision 8Meu1593 delivered on March 28, 198), and there is no error in the misapprehension of legal principles as to the uttering of public document as seen above.

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

Justices Choi Jae-ho (Presiding Justice)