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(영문) 의정부지방법원 고양지원 2018.07.12 2018고단1105
공문서부정행사등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 8, 2017, the Defendant is a person who has a total of five-time driver's licenses, including being issued a summary order of a fine of KRW 2 million for a violation of road traffic law (unlicensed driving) in order for the Defendant to take a high court support on September 8, 2017.

Criminal facts

1. On January 4, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving a B rocketing car at the section of approximately 1km from the Gyeonggi-do Medical Center’s hospital located in the Gyeonggi-do Medical Center, which was located in the Gyeonggi-do Medical Center 142 on the line of Gyeonggi-do, to the 11st road of the same hour at the same time, without obtaining a driver’s license.

2. On the above day 21:10 on the above day, the Defendant was asked to present a driver’s license to the police officers assigned to the House C of the Speaker Police Station, which searched the neighboring area, after receiving a report from 112 that the said vehicle stopped and escaped on the above road. The Defendant was exposed to the police officers assigned to the House C of the Speaker Police Station, who searched the neighboring area.

The defendant, who is the defendant, presented that he was a driver's license for the defendant's workplace Dong Fee E, which is a public document in possession, and presented that he was a driver's license for the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the E police statement;

1. Records of seizure and list of seizure;

1. Application of Acts and subordinate statutes on licenses confiscated;

1. Article 152 Subparag. 1 of the relevant Act and Articles 152 Subparag. 1 and 43 of the Road Traffic Act (the point of driving without obtaining a license), Article 230 of the Criminal Act (the point of uttering of official document), the choice of imprisonment (the fact that the act of presenting another's driver's license to the police is not good when it is discovered by criminal history of the same type, driving without obtaining a license, etc.), the health of the accused, etc.);

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 62 (1) of the Criminal Act on the suspended execution;

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