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(영문) 창원지방법원 통영지원 2016.04.20 2016고단156
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

1. On December 24, 2015, the Defendant, in violation of the Road Traffic Act (unlicensed Driving) driving, driven a B multilateral vehicle without obtaining a driver’s license on the road from the front and rear side of Samsung F&S located in the ancient-dong, Gyeongnam-si, Gyeongnam-do to the front and rear side of the Gonam-si, Gyeongnam-do, at approximately KRW 200 meters.

2. The Defendant, at the time and place specified in paragraph 1, and at the time and place of the event of the private document forgery and the above investigation document, continued to be required to prepare a letter of approval for driving without a license from D with the police officer affiliated with C of the Sedon Police Station C, and carried out the letter of approval under the name of E, “E”, “F”, “E” in the resident number column, and “E” in the statement column, using the color pen, and exercised the letter of approval under the name of E, which is a private document on the proof of facts, by writing the signature of E at his own discretion, and by delivering it to D as if it was duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Letters;

1. The ledger of driver's licenses and the details of the disposition revoking licenses;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Act and Articles 152 subparag. 1, 43 (Unlicensed Driving) of the Road Traffic Act, Article 231 of the Criminal Act (the occupation of a private document) and Articles 234 and 231 (the occupation of uttering of the above investigation document) of the same Act concerning the facts constituting an offense, and the choice of imprisonment, respectively;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is [the scope of the recommended punishment] and there is no basic area (6 months to 2 years from the forgery, alteration, etc. of private documents) (the person subject to special sentencing] of the category 1 (the forgery, alteration, etc. of private documents). However, in the case of the crime of violation of traffic laws (unlicensed driving) on roads, there is no sentencing guidelines in place, so only the lowest limit of the above sentencing guidelines shall be taken

2. Determination of sentence - favorable circumstances: the defendant makes a confession of his mistake.

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