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(영문) 의정부지방법원 2020.09.09 2020고단1263
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around March 14:15, 2020, the Defendant driving a DNA Poter II truck without obtaining a driver’s license in a section of about 2 km from the front side of the Namyang-si to the C Apartment-si road.

2. The Defendant was asked to present his driver’s license to the police officers belonging to the Namyang Police Station, on the front of the C apartment road in Southyang-si, a temporary border as set forth in paragraph (1) and the freight is confirmed as a vehicle owned by the person subject to the revocation of license.

Accordingly, the defendant, who is a public document in possession, presented a first-class large driver's license for the same student F under the name of the defendant in the name of the chief of the Jeonnam Police Agency, as if he was the defendant's driver's license.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the ledger of driver's licenses for automobiles with statutory statements, driving status and report;

1. Selection of imprisonment with prison labor, at the option of a punishment under Article 152 subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, and Article 230 of the Criminal Act, for the crime;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes 1 (Unlawful Uttering of Official Documents) (Determination of Sentencing) No unlawful uttering of Official Documents, etc. [Type 1] No unlawful uttering of Official Documents, etc. (Specially Convicted Persons] [The area of recommendations and the scope of recommendations] basic area, imprisonment with labor for up to April 10 months;

(b) Second crime (unestablished crime);

(c) Scope of recommendations based on standards for handling multiple crimes: Imprisonment with prison labor for not less than four months (a concurrent crime with an offense for which no sentencing guidelines are set);

(d) Scope of recommendations corrected according to the applicable sentences: Imprisonment with prison labor for not less than four months nor more than three years;

2. Determination of sentence: A defendant who has been sentenced to a fine three-time due to a drunk driving in six months of imprisonment and a driver's license shall be granted for a drunk driving in 2017;

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