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(영문) 인천지방법원 2018.04.05 2018고단903
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. From September 3, 2017, the Defendant, who left possession, embezzled:

4. In the vicinity of the building distance in Seo-gu, Incheon Metropolitan City, the driver’s license lost by the victim B was obtained and returned to the victim, and the victim was embezzled without taking necessary procedures.

2. On September 22, 2017, the Defendant on the unlawful uttering of official documents, at the office of “(State) D” located in Seo-gu Incheon, Seo-gu, Incheon, for the purpose of verifying the status and the existence of a driver’s license, issued a request for presentation of a driver’s license to verify the status and the existence of a driver’s license. As stated in paragraph (1), the Defendant on the unlawful uttering of official documents, presented the class B ordinary driver’s license under the name of the head of the Incheon Local Police Agency issued by the head of the Incheon Local Police Agency,

3. The Defendant: (a) leased a Fk5 car at the same date and place as paragraph 2; (b) stated B’s name, date of birth, address, and serial number on the “vehicle Lease Contract”; and (c) signed B in the lessee column and submitted it to E.

As a result, the Defendant forged the “vehicle Lease Contract” in the name of private document B, which is a private document on the rights and obligations, and exercised it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Each police statement protocol with respect to E and B;

1. Application of Acts and subordinate statutes on vehicle lease contracts;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 230 of the Criminal Act, Article 360 (1) of the Criminal Act (the point of uttering of official document), Article 360 of the Criminal Act (the point of uttering of official document), the selection of each fine for a crime;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The first offense for sentencing under Article 334(1) of the Criminal Procedure Act is the first offense for the provisional payment order, and the punishment is divided, the motive and circumstances for the offense, the age of the defendant, sexual conduct, environment, etc.

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