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(영문) 서울남부지방법원 2016.06.21 2016고단1522
공문서부정행사등
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 March 15, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving of B Poter trucks without obtaining a driver’s license in the section of about 3 km of Gangseo-gu, Seoul, up to 289, at the front of the office of “multi-child Design” located in 103, 504, a romo-ro 104, a romo-ro, the 289-ro, Seocheon-gu, Seoul.

2. No person who violates the Automobile Management Act shall cover a motor vehicle registration number plate nor make it illegible;

Nevertheless, around 10:00 on March 15, 2016, the Defendant made a registration number plate attached to the above truck with a steel plate that was loaded on the truck as stated in paragraph (1) in order to avoid crackdown on the violation of spirits on the front of 289, Gangseo-gu Seoul, Gangseo-gu, Gangseo-gu, Seoul.

3. The Defendant was found to have violated the Automobile Management Act by placing a car registration number plate at the time and place specified in paragraph (2) at the time and place specified in paragraph (2). As such, the Defendant was required to present a driver’s license for the vehicle by the police box of the Seoul Western Police Station C at the Seoul Western Police Station C.

Accordingly, the defendant presented the defendant's Class E's Class 1 driver's license under the name of the Commissioner General of the Gyeonggi-do Police Agency, which is an official document in possession, as if he was the defendant's driver's license.

Accordingly, the defendant did not use official documents.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each photograph;

1. The driver's license ledger (six times a year);

1. Application of statutes on records of seizure and lists of seizure;

1. Article 230 of the Criminal Act (a point of uttering of official document), Article 81 subparagraph 1-2 of the Automobile Management Act, Article 10 (5) of the Road Traffic Act (limited to cases where it is impossible to identify the registration number plate), Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the same Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of the Aggravated Punishment of Concurrent Crimes (the most severe punishment is concurrent crimes with punishment as provided for in the crime of unlawful conduct of official documents).

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