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(영문) 광주지방법원 2016.10.06 2016고단1780
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2016 Highest 1780]

1. Around 10:50 on May 9, 2016, the Defendant driven a Dbenz car without obtaining a driver’s license from around approximately 1.5 km section from the front side of the Gwangju Mine-gu, to the front side of the friendly real estate agent in the Seo-gu, Seo-gu, Seo-gu.

[2016 Highest 2244]

2. On May 19, 2016, the Defendant, without a vehicle driver’s license, driven a Doz car from around 3 km to the front road of the Gwangju Mine-gu, to the enz service center located in the same mountain village as the previous road of the Gwangju Mine-gu without a vehicle driver’s license.

3. On May 19, 2016, the Defendant was required to present an identification card to verify his/her identity at the Mes Services Center listed in paragraph (2) at around 10:20 on May 19, 201, and upon receipt of a third party’s license report, from the Gwangju Mine Police Station E zone affiliated with the Gwangju Mine Police Station E zone.

The defendant presented the first-class ordinary driver's license of G in the name of the defendant in the name of the commissioner of the Jeonnam Police Agency, who is an official document held in advance, as the defendant's driver's license.

Accordingly, the defendant did not use official documents.

Summary of Evidence

[2016 Highest 1780]

1. Defendant's legal statement;

1. Report on the situation of driving without a license, and a driver's license inquiry report (2016 Highest 2244);

1. Defendant's legal statement;

1. Each police statement of H;

1. Application of Acts and subordinate statutes to a driver's license register, a copy of a driver's license, CCTV-cap

1. Relevant Article of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 230 of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment, and the choice of imprisonment, respectively;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommending sentencing criteria: Imprisonment for not less than four months;

A. Recommendation type of unlawful uttering of official documents as indicated in the holding: Imprisonment with prison labor for not less than four months from October to 10, and other unlawful uttering, such as official documents, shall be type 1 (Unlawful uttering, such as official documents).

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