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(영문) 부산지방법원 2015.07.21 2015고단2190
공문서부정행사등
Text

A defendant shall be punished by imprisonment for four months.

One copy of a seized driver's license (certificate No. 1) shall be returned to the victim D.

Reasons

Punishment of the crime

On July 25, 2013, the Defendant was sentenced to ten months of imprisonment by the Busan District Court for a violation of the Road Traffic Act (unlicensed Driving), etc., and was provisionally released on November 23, 2013 in the Busan Detention House on the execution of the sentence, and the parole period passed on December 20, 2013.

1. Around December 2014, the Defendant embezzled the lost property by taking necessary steps, such as acquiring a copy of the driver’s license of a D owned by the victim D, and returning it to the victim, on the road near the Defendant’s residence located in Busan Seo-gu E, Busan, the Defendant embezzled the lost property.

2. Around March 17:30, 2015, the Defendant was driving a mati truck without obtaining a driver’s license in a section of about 300 meters in the vicinity of the "Tail Engineering" road located in the Busan Seo-gu, Busan, to the neighboring road of the "TaeTTT" located in the same location, without obtaining a driver’s license.

3. From March 9, 2015 to around 17:40 on the same day, the Defendant was required to produce a driver’s license to verify the identity of the Defendant due to a violation of signal from a slope G belonging to the Busan Summer Police Station.

The defendant, who is a public document in possession while driving D, presented the driver's license for the above D in the name of the Commissioner of Busan Local Police Agency, which was a public document that was held by the defendant, as if he was a driver's license for the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Registers of driver's licenses;

1. A criminal investigation report (D telephone conversations for reference) and a report on internal investigation;

1. Previous records of judgment: Criminal history records, inquiry reports, investigation reports (verification of repeated crimes, etc.), judgment, application of Acts and subordinate statutes of the Criminal Procedure Act and subordinate statutes;

1. Relevant Article of the Criminal Act, Articles 230 and 360 (1) of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Articles 43 of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. The Criminal Act among concurrent crimes.

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