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(영문) 수원지방법원 성남지원 2017.04.13 2016고단3852
사문서위조등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 200,000 won.

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

Reasons

Punishment of the crime

1. On July 29, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving at approximately 1.8km from 96 km-ro, Sungnam-si, Sungnam-si, to the front side of the same Si, from 1.8 km-ro, without obtaining a license for a bicycle for a motor device at around 15:30 on July 29, 2016.

2. On July 29, 2016, around 16:20, the Defendant: (a) was driving a private document in front of Sungnam-si (Seoul-si), with a view to driving without a license, the Defendant, as stated in paragraph (1), conducted a vehicle operation report presented by the police officer of the Korean National Police Agency D who works for the Gyeonggi-do National Police Agency, with a view to carrying the private document in the former workplace FF, resident registration number G, H, contact number I, H, and contact number I, around 16:10 on July 29, 2016, with the vehicle operation report presented by the police officer E, without a license of approximately 1 km from the Sinnam-si to the KPC located in the JJ of Sungnam-gu, Seonam-gu, Seoul-do.

After indicating “F”, a copy of the vehicle operation statement in F, which is a private document pertaining to the certification of facts, was signed and sealed as “F.”

3. The Defendant, at the time, and at the place specified in paragraph 2, exercised the aforementioned investigation document as if it were a document duly formed with the written statement of the operation of forged vehicles to the above E, who was aware of the forgery.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the vehicle operation of the accused;

1. Application of the Act and subordinate statutes to the ledger of driver's licenses (No. 8 No. 1 of the evidence list);

1. Relevant Article 231 of the Criminal Act and Article 231 of the Criminal Act (the point of Article 231 of the Private Document, the choice of imprisonment and punishment), Article 234 and Article 231 of the Criminal Act (the point of sea of the aforementioned investigation document, the choice of imprisonment and punishment), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (the point of driving without a license and the selection of fines);

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 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The order of provisional payment;

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