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(영문) 인천지방법원 2012.11.15 2012고합641
도로교통법위반(무면허운전)등
Text

Punishment for the accused shall be KRW 10 million.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. On January 8, 2010, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court in order to a fine of two million won and a fine of four million won due to a violation of the Road Traffic Act (driving) at the Incheon District Court on November 24, 201, respectively.

On May 21, 2012, the Defendant, without obtaining a driver’s license on May 21, 2012, operated DMW car at approximately 2 km from the Do prior to the restaurant located in the Namdong-gu Incheon Metropolitan City, Nam-gu, Incheon, to approximately 921-gil 150, Nam-dong, Namdong-gu, Incheon, without obtaining a driver’s license on May 21, 201.

2. Around 04:05 on May 21, 2012, the Defendant requested the police officer to sign a report on detection of a driver at the traffic survey office of the Southern-dong Police Station located in the Dong-gu Incheon Metropolitan City, Dong-gu 1 Dong-gu, the Defendant: (a) stated the name “F” in the name column of the report on detection of a driver; (b) marked the name “F” in the name column; and (c) submitted it to E as if it was duly constituted.

Accordingly, for the purpose of exercising a certificate, the Defendant forged and exercised one copy of the report on detection of the driver under F, a private document related to the certification of fact.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, such as an entry report on driving licenses, an entry report on the circumstances of an entry driver;

1. Relevant legal provisions concerning criminal facts: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Selection of a fine;

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

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

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