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(영문) 대구지방법원 김천지원 2017.03.08 2016고단1364
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On August 30, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) and operated a vehicle B without obtaining a driver’s license from a section of about 2 km up to the four-km distance from the Cloulopian road located in the Dong-si Corporation in the Gu-U.S.A., U.S. (A.) prior to that on the road in the same Dong.

2. On August 30, 2016, at around 10:30, the Defendant, such as the electronic records, was under control by police officers C belonging to the police station in the Gu-U.S. to wear safety belts on the street in front of the Camendendum, which is located in the Gu-U.S. Corporation, and the Defendant had the Defendant enter the personal information of the said D in the personal portable device (PDA) used for traffic control, with the mind that the Defendant would be free from driving by driving as D, and that the Defendant would be free from driving, and the Defendant would be free from driving by driving as D, and the Defendant would not know the fact that the above D’s personal information was saved, and had the said C enter the personal information of the said D in the personal portable device (PA) used for traffic control, and then arbitrarily signed D’s signature in the driver confirmation column of the notice of payment of the penalty on the mobile device

Accordingly, the defendant, with the aim of hindering the management of affairs, forged the record of penalty payment notification in the name of D, which is a private electronic record of the certification of facts, and exercised it.

Summary of Evidence

1. Statement by the defendant in court;

1. Inspector;

1. Inquiry into the ledger of driver's licenses and details of revocation thereof;

1. Application of Acts and subordinate statutes to a penalty payment notification (any signature signed in D's name);

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 (U.S. Operation without License) of the same Act, Article 232-2 of the Criminal Act (A.S. Operation with Private Electronic Records), Articles 234 and 232-2 of the Criminal Act (a.e., the exercise of electronic records of the above author's company), the selection of each imprisonment 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. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, was found to have committed a crime without a license when his/her license was revoked due to driving under the influence of alcohol, under the name of another person in order to avoid his/her responsibility.

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