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(영문) 서울남부지방법원 2018.12.13 2018고단5213
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by imprisonment for six months and by a fine for 200,000 won.

When the defendant does not pay a fine, 100.

Reasons

Punishment of the crime

1. On August 14, 2018, the Defendant violated the Road Traffic Act (non-licenseed driving) on and around 10:10 on August 14, 2018, the Defendant driven a motor device bicycle license at a section of about 1k meters from the front of the shooting distance in Geumcheon-gu, Geumcheon-gu Seoul Metropolitan Government to the 117th road at the city interest, without obtaining a motor device bicycle license (CA 110).

2. The Defendant violated the Resident Registration Act: (a) provided a “F” resident registration number of E, which is a work club E, and used in a usual manner, due to concerns over being punished by a fine, by receiving identification cards from D, etc., the security guards affiliated with the Kucheon Police Station C police box, etc., at the above time and place; and (b) provided a “F” to the Defendant’s resident registration number of E, which is a work staff member of the same police box, at the time and place.

3. The Defendant, at the above time and place, operated Otoba, whose number plate was put on, and controlled by the violation of the Automobile Management Act, entered “E” and “F” in the resident registration number column of the written statement, and signed on it.

Accordingly, for the purpose of exercising authority, the Defendant forged one copy of a written statement in the name of E, which is a private document concerning rights and duties without authority, and used the forged statement to police officers who are not aware of the forgery as if it was duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes;

1. Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (a point of driving without a license), Article 37 Subparag. 10 of the Resident Registration Act (a point of unlawful use of resident registration number) concerning facts constituting an offense, Article 231 of the Criminal Act (a point of the same Article) and Articles 234 and 231 of the Criminal Act (a point of uttering of the pertinent investigation document);

1. Selection of sentence of imprisonment with prison labor: Provided, That the offense of driving without any license shall be punished by a fine;

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

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