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(영문) 창원지방법원 거창지원 2016.09.21 2016고단274
주민등록법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. No person who violates the Resident Registration Act shall unlawfully use any third person's resident registration number;

Nevertheless, around 09:08 on July 7, 2016, the Defendant, while driving a vehicle without a driver’s license in front of the Gohap-gun, Gohap-gun, Gohapcheon-gun, Gohapcheon-gun, requested a police box B police box belonging to the Gohapcheon Police Station B to provide a resident registration number by controlling the vehicle by wearing safety belts from C, while driving the vehicle without a driver’s license, the Defendant unlawfully used another person’s resident registration number by providing the name and resident registration number of the Defendant’s non-licenseed for the purpose of understanding the non-exclusive driving of the vehicle.

2. Around 09:00 on July 7, 2016, the Defendant driven a F knife car without a vehicle driver’s license on the front road of a restaurant where the Gohap-gun, Gohap-gun, Joint-gun, Dong-dong, Gohap-gun, Gohap-gun, Inc., 92-13, should be located in the front road of the building in front of the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Requests for investigations into violations of the Registration Act by residents who violate traffic regulations;

1. Application of Acts and subordinate statutes to a investigative report (a written inquiry into the ledger of driver's licenses, etc.);

1. The main sentence of Article 37 subparagraph 10 of the Act on the Registration of Residents of the relevant Act concerning the facts constituting an offense (the illegal use of another person's resident registration number) and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the point of driving without a license);

1. Selection of imprisonment with prison labor (to select imprisonment with prison labor instead of fines, considering the fact that the crime committed illegally using another person's resident registration number is inferior, that the person has been punished due to drinking or non-licenseing, and that the risk of recidivism is anticipated to be high, etc.);

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 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order Article 62-2 of the Criminal Code (the protection surveillance is conducted to prevent the defendant from repeating a crime and to give the defendant an opportunity to reflect seriously.

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