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(영문) 서울남부지방법원 2016.12.21 2016고단3869
면허증불실기재
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

In around 2004, the Defendant acquired a forged passport under the name of D, a Chinese national, through Chinese immigration hub in China, and entered the Republic of Korea with the above passport in around 2005, and obtained a Class 2 ordinary driver's license under the above D name in around 2006, and thought that he would be issued a Class 1 ordinary driver's license under the above D name in around 2015.

On October 1, 2015, the Defendant submitted the first class ordinary driver’s license under the above D name, which he/she was issued in advance by submitting the application table for the first class ordinary driver’s license test for the first class motor vehicle in which his/her name is attached, to the employees of the Road Traffic Authority (hereinafter “Road”) whose name is not known in the public service center in the public service center of the driver’s license test of the Gangwon-gu Seoul Southern-gu Road Traffic Authority, which is located in the Nam-gu Seoul Metropolitan Republic of Korea, and the Defendant submitted the application list for the first class ordinary driver’s license with the Defendant’s photograph attached.

Accordingly, the defendant made a false report to a public official to enter false facts into a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of Chinese passport;

1. Copy of driver's license;

1. A driver's license application list;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article 228 (2) of the Criminal Act and Article 228 (2) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 48(1)2 of the Confiscation Criminal Act does not change the nature of the crime of this case against the defendant for the reason of sentencing, but it appears that the defendant committed the crime of this case for the purpose of his livelihood to support his family members. After the crime of this case, the defendant voluntarily reported illegal aliens after the crime of this case, and legally re-entry into the name of the defendant, and the defendant repents his wrong facts, the punishment as ordered shall be determined.

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