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(영문) 서울동부지방법원 2016.11.03 2016고단3034
공문서부정행사등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. Around 13:40 on June 13, 2016, the Defendant was driving a CMW car without obtaining a driver’s license from the roads near the Nowon-gu Seoul Special Metropolitan City Nowon-gu Nowon-gu Nowon-gu to the front road of the Jindong-dong 685 East-dong, Seongdong-gu, Seongdong-gu, Seoul to the front road of the DMW car without obtaining a driver’s license.

2. On June 13, 2016, the Defendant: (a) was found to have driven a CMW car on the front road of Sungdong-dong 685, Seongdong-gu, Seongdong-gu, Seongdong-gu, Seoul, while driving the CMW car on the front road; and (b) was required to produce a driver’s license from E in the circumstances where D attached to the Seoul Local Police Agency.

The defendant presented that he completed his resident registration certificate of Dong F under the name of the head of Yongsan-gu who was in possession of the defendant as if he were the defendant's resident registration certificate.

Accordingly, the defendant did not use official documents.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A report on investigation (Correction of suspect status) and a statement of control details;

1. Application of Acts and subordinate statutes to the registers of car driving licenses, written statements of vehicle operation, F resident registration certificates, photographs of resident registration certificates, and family relation certificates;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the same Act concerning the facts constituting an offense, and Article 230 of the Criminal Act;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders is subject to multiple criminal punishment for drunk driving, and the defendant again commits the crime of this case even though he/she had a record of being punished twice as a non-licensed driving during the revocation period of the license due to drunk driving, although he/she had a record of being punished twice during the revocation period of the license due to drunk driving, recidivism during the period of probation,

The fact that the police officer presented it to the police officer in charge of crackdowns is likely to reflect the fact that the police officer voluntarily attended the police station to commit the crime, and when the sentence is finalized due to this case, the suspended six months' punishment is imposed.

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