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(영문) 수원지방법원성남지원 2020.12.09 2020고단2559
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is a foreigner of Mongolian nationality who illegally stays in the Republic of Korea after the term of validity of his/her passport as of November 5, 2008 expires.

1. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driving license on September 7, 2016 on or around 08:50, the Defendant driven D Kaone Star car in the section from the Do located in the Do located in the Do located in the Do located in the Do located in the Do located in the Do located in the Do located in the Do located in the Do located in the Do

2. At around 09:17 on the same day, the Defendant forged a letter of voluntary movement agreement in the name of G on the certification of facts, and a statement in the name of G on the letter of voluntary movement, by means of: (a) reporting as if he/she was a foreigner of the same nationality, and by using his/her personal information and writing his/her signature and name on the letter of voluntary movement agreement and written statement, under the concerns that a police officer’s act of driving without a license was discovered and voluntarily accompanied by a police box in the police box located in Gwangju City, Gwangju; and (b) reporting the detection of illegal stay.

3. The Defendant exercised a forged private document by submitting a written consent to voluntary operation in the name of the forged G, a written consent, and a written statement to H, a police officer belonging to the Gyeonggi-gu Police Station, at the time and place set forth in the foregoing 2.2.

Summary of Evidence

1. The suspect interrogation protocol of the police concerning the defendant's court statement G;

1. Application of Acts and subordinate statutes to the ledger of voluntary driving licenses, each of the descriptions and existing investigation reports (suspects specific), investigation reports, automobile registration certificates, photographs, photographs, and driver's licenses;

1. Selection of each sentence of imprisonment with prison labor under Article 152 subparagraph 1 of the relevant Article of the Road Traffic Act, Article 152 and Article 43 of the Road Traffic Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the crime;

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

1. The defendant's reasons for sentencing under Article 62 (1) of the Criminal Code, even though he/she was disqualified.

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