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(영문) 의정부지방법원 2019.08.21 2019고단2628
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

1. On February 14:25, 2019, the Defendant driving a Fpoter Ⅱ in the possession of the Defendant without obtaining a driver’s license from a section of approximately 2.5 km from the front of C Elementary School located in Scheon-si B to the front of the oil station located in D in the same city.

2. On February 26, 2019, the Defendant forged private document: (a) stated “I”, “J” in the name column, “I” in the contact column, “I”, “I” in the vehicle operation manual, starting before February 26, 2019, from February 14, 2019 to February 5, 200; (b) stated “I” in “I” in “I”, “I” in “I”, “I” in the vehicle operation manual, which was 2.5 km in front of the E stations, and signed in “I” column.

Accordingly, for the purpose of uttering, the Defendant forged a letter of vehicle operation statement in the name of I, which is a private document on rights and obligations.

3. The Defendant, at the time, at the time, and at the place specified in paragraph (2), exercised a false statement of vehicle operation, as seen above, to H as if it had been duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of vehicle operation;

1. Application of Acts and subordinate statutes on license ledger;

1. Relevant legal provisions concerning the facts of crime, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose the penalty, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment according to the sentencing guidelines of the Supreme Court] are the mitigated area (one month to one year in case where social risks have not been realized because the ultimate objective of the crime was not achieved).

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