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(영문) 서울중앙지방법원 2016.06.08 2016고단900
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding 200,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On September 12, 2013, the Defendant was released on July 30, 2015 by the Seoul Southern District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (franking currency) and on July 10, 2015, and the parole period expired on October 10 of the same year.

1. On November 12, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving a two-wheeled automobile without a driver’s license within approximately 100 meters from the 10-dong, Gwanak-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City 10-dong, to the 143-ro, the same new forest.

2. A motor vehicle owner who has violated the Guarantee of Automobile Compensation for Damages shall subscribe to the mandatory insurance liable for paying a certain amount to the victim if another person dies or is injured due to the operation of the motor vehicle, and shall not operate any motor vehicle which is not covered by mandatory insurance on the road;

Nevertheless, the Defendant driving a two-wheeled automobile without registration owned by the principal who was not covered by mandatory insurance at the time and place mentioned in the above paragraph 1.

3. Around November 12:30, 2015, the Defendant forged a private signature in the name of D without authority, stating that he/she is “D” on the page of the 143-ro, Gwanak-gu, Seoul Special Metropolitan City, which was discovered from C, with the criminal facts described in the aforementioned paragraphs 1 and 2, and prepared a vehicle operation report on the road, which was conducted by the police officers belonging to the Seoul Cheongak Police Station traffic safety department, and exercised the forged private signature of D for the purpose of exercising the right, and submitted the written signature to C, who is aware of the forgery of the signature.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the self-violation of an offense;

1. Each investigation report (the sequence 2, 3 of the evidence list);

1. Document of the examination of the person under consideration (Evidence No. 1), ledger of driver's license for motor vehicles, and two wheels:

1. Previous conviction: A reply to inquiry, such as criminal history, summary information of the case, and application of the statutes on the status of identification;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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