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(영문) 대구지방법원 김천지원 2017.05.15 2017고정48
공문서부정행사등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On February 17, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) and the Guarantee of Automobile Compensation Security Act: (a) from the Saemaul Undong-dong, Dong-gu, Gwangju-si to the convenience store front of Dong-gu, Gwangju-si, the Defendant driven a bicycle without obtaining a driver’s license within approximately 3km section from the roads front of the Saemaul Undong-gu, Gwangju-si, to the roads front of the convenience store in the same Gu; and (b) operated a bicycle without a number plate which was not covered by liability insurance

2. The Defendant, at around 19:30 on February 17, 2016, does not use a motor device without a number plate as described in paragraph (1) on the road front of the C convenience store, and was reported to drive, and was controlled by the slope E belonging to the D District Unit and demanded to present a driver’s license, and the operator’s license of the G driving license issued by the Commissioner General of the Korean National Police Agency in the southnam-gu, which was held by the latter F, was presented to E as the Defendant’s identification witness.

Accordingly, the defendant did not exercise his driver's license of G, an official document.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. A protocol of seizure and a list of seizure;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Relevant Article 154 subparagraph 2 of the Road Traffic Act, Article 154 and Article 43 (Unlicensed Driving) of the Road Act, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, Article 230 of the Criminal Act, the selection of fines for each crime;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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