Whether the crime of unlawful uttering of official document is established where the driver's license is presented to indicate the identity of the person's status.

According to the provisions of Articles 68 and 77 of the Road Traffic Act, a driver's license shall carry the certificate of passing the driver's license and carry the certificate when the driver's license is being driven, and the purpose of its use is specified so that the driver's license can be presented at the time when the police officer is requested to do so. Therefore, the so-called "the person who acquired another's driver's license" is requested to present the resident registration certificate to confirm his identity by the third party, and the so-called "the person who presented the driver's license" cannot be deemed an

Article 230 of the Criminal Act

Defendant

Prosecutor

Daegu District Court Decision 88No283 delivered on May 12, 198

The appeal is dismissed.

We examine the grounds of appeal.

According to the provisions of Articles 68, 69, and 77 of the Road Traffic Act, when a driver drives a motor vehicle as a certificate of passing the driver's license test issued when the driver's license has passed, he must carry the driver's license, and when the police officer requests the presentation of the driver's license during the driving, the purpose of the presentation is specified. Thus, as at the time of the original adjudication, the so-called the presentation of the driver's license in this case under the name of the driver's license obtained by the defendant cannot be deemed an exercise in accordance with the purpose of its use. Thus, the so-called the presentation of the driver's license in this case under the name of the driver's license cannot be deemed an unlawful uttering of the official document under Article 230 of the Criminal Act is not established.

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

Justices Park Yong-dong (Presiding Justice)