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(영문) 수원지방법원 성남지원 2016.12.09 2016고단2827
변조사문서행사등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 27, 2016, the Defendant was driving a Dbenz car on the front side of the “Apambag-dong,” located in Songpa-gu Seoul, Songpa-gu, Seoul, without obtaining a driver’s license on May 27, 2016, from approximately 5.8 km to the front side of the Seongbuk-gu, Sungnam-gu, Sungnam-gu.

2. On July 2013, the Defendant held the period of validity indicated as “August 1, 2012” in the said International License, which was issued by the U.S. Motor Vehicle Drivers Association, as “August 1,2012”, and held an alteration of one copy of the international license under the name of the U.S. Motor Vehicle Drivers Association, which is a private document concerning the certification of facts, by recognizing the period of validity as “August 1,2012” in the said International License.

The Defendant had been aware of the fact of driving without a license, as described in paragraph (1), as stated in paragraph (1), on the roads of the date and time stated in paragraph (1) and the date and time stated in paragraph (1) and in paragraph (1) of this Article, the Defendant exercised it by presenting one copy of the international license altered in possession.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

1. Application of a copy of the U.S. International License Act

1. Relevant Articles 152 subparagraph 1, 43, and 231 of the Criminal Act concerning facts constituting an offense and Articles 152 subparagraph 1, and 152 of the Road Traffic Act, the choice of punishment, and Articles 234 and 231 of the same Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act in regard to probation, community service or lecture attendance order;

1. Scope of recommendations;

(a) Type 1 (Counterfeit, Alteration, etc. of Private Documents) is the basic area (six months to two years) (special area) for the crime of uttering of private documents;

(b) Crimes of violating the Road Traffic Act: Not setting the sentencing criteria;

(c) majority;

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