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(영문) 인천지방법원 부천지원 2013.11.29 2013고단2993
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On October 22, 2013, at around 22:38, the Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license, and driven a B-car car at a 1km section from the vicinity of the inlet-gu, Seocheon-si, Seocheon-si to the 352-3rd road in Seocheon-si, Seocheon-si.

2. On October 8, 2013, around 00:15, the Defendant forged a private signature in C’s name by stating the “C” in the “C” on his/her own written consent, electronic processing consent, suspect and statement column of the suspect interrogation protocol, for the purpose of exercising it at the traffic management department of the Bupyeong-si, Seocheon-si, Seocheon-si, Seocheon-si, 1105.

3. At the same time and place as set forth in paragraph (2), the Defendant exercised the forged private signature by presenting the signature of the above C, as if the signature of the above C was duly formed, at the same time and place as set forth in paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. Voluntary written consent;

1. Report on the situation of operation without a license;

1. Written consent for electronic processing;

1. Examination protocol of suspect (electronic summary type, C);

1. Application of the statutes on the register of driver's licenses;

1. Subparagraph 1 of Article 152 of the relevant Act, Article 43 of the Road Traffic Act, Article 239 (1) of the Criminal Act, and Article 239 (2) and (1) of the Criminal Act, concerning facts constituting an offense;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes are as follows: (a) the defendant committed the crime of this case during the period of suspension of execution; and (b) the crime of false signature, forgery, and the crime of uttering of a false investigation or signature shall be punished by imprisonment only; and

However, considering the circumstances favorable to the defendant, such as the fact that the defendant reflects the error, there is a possibility that the suspended sentence previously sentenced may be invalidated.

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