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(영문) 광주지방법원 목포지원 2016.05.20 2015고단1559
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 2, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving a vehicle B at a section of approximately 3 km up to the front of the “school traffic” in the same side of the land rocks located on the Gyeongcheon-gun, Gyeongcheon-gun without obtaining a driver’s license for a vehicle on around 11:21, 2015.

2. When the Defendant: (a) was discovered to a police officer in a temporary place, such as Paragraph (1), by wearing a safety belt, he/she refers to the name and resident registration number of friendly C in order to conceal driving without a license as referred to in Paragraph (1); and (b) signed C in the column for the driver’s signature of a portable information device (PDA).

Accordingly, the defendant has forged C's signature without authority for the purpose of exercising his authority.

3. The Defendant, at the same time as Paragraph 1, had a police officer, who is not aware of the fact, sent the forged signature of a portable information terminal (PDA) signed as referred to in Paragraph 2 of the above Article to the Defendant via the Transport Police Computer Network as if it was duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. C Police Statement Statement;

1. Application of Acts and subordinate statutes accompanying the details of dispositions notified by the person;

1. Article 152 Subparag. 1, Article 43 (Unlicensed Driving, Selection of Imprisonment), Article 239 (1) of the Criminal Act (the point of a signature of the company), Article 239 (2) and Article 239 (1) of the Criminal Act (the point of a signature of the company), Article 152 Subparag. 1, 43 (the point of a signature of the company) of the same Act concerning the crime;

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 suspension of execution (see, e.g., the fact that the facts charged are recognized and reflected, and that there is no record of punishment exceeding the fine);

1. The community service order under Article 62-2 of the Criminal Act;

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