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(영문) 수원지방법원 평택지원 2017.03.22 2017고단116
공문서부정행사등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On October 17, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a B-low-class car in the section of approximately one kilometer from the front of the C-N. C-N. Co., Ltd. to the road of about 362-37 U.S., U.S., to the five construction roads in the U.S. Eup/Myeon of the same Si/Eup/Myeon.

2. The Defendant’s unlawful uttering of official document is a clerical error and thus the “E” written indictment in the name of the Seoul National Police Agency, which is an official document, issued in the name of the Seoul National Police Agency Commissioner General of the District Police Agency, which is an official document and was found to have violated the signal while driving the said vehicle at a time and at a place specified in the foregoing paragraph 1.

It suggested that the driver's license of the motor vehicle is the motor vehicle driver's license of the defendant.

Accordingly, the defendant did not use official documents.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. A copy of the driver's license ledger and driver's license;

1. Application of the police seizure protocol statutes;

1. Relevant Article 230 of the Criminal Act concerning the facts constituting an offense, Article 230 of the choice of punishment (a point of uttering of official document), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (a point of driving without a license) of the Road Traffic Act, and the choice of imprisonment, respectively;

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

1. Scope of the recommended punishment according to the sentencing criteria: Imprisonment for not less than four months;

(a) Recommendation for the unlawful uttering of official documents as indicated in the judgment: 4 months of imprisonment; - The basic area of the unlawful uttering of official documents, such as official documents, etc. (illegal uttering of official documents, etc.) in October;

(b) Recommendation following the aggravation of multiple crimes: Imprisonment with prison labor for not less than four months (limited to the lower limit of the sentencing criteria, since the violation of road traffic laws (unlicensed driving) for which the sentencing criteria are not set and the former part of Article 37 of the Criminal Act are concurrent crimes);

2. Determination of sentence: Six months of imprisonment; and

(a) the favorable circumstances - the crime was committed immediately after the unlawful uttering of the official document;

(b) unfavorable circumstances - while driving under a non-license;

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