logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2019.11.28 2019고정474
위계공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a foreigner of Chinese nationality.

around 201, the Defendant forged a passport in the name of B, and entered Korea in 2006, and acquired a driver's license (second-class won) in the name of B in 2006 and a driver's license (one-class ordinary) in 2009.

1. The Defendant of obstruction of performance of official duties by fraudulent means was issued a driver’s license by submitting an application for a driver’s license test to renew the license obtained in the name of another person at the public service center of the budget driver’s license test center located in the name of another person at the time when November 6, 2014 cannot be known.

Accordingly, the defendant deceivings employees working at the budget driver's license test site through fraudulent means, thereby hindering the legitimate execution of official duties by the driver's license issuance authority.

2. No person who violates the Road Traffic Act shall obtain a driver's license or a certificate in lieu of a driver's license or driver's license by fraudulent or other illegal means;

The Defendant was issued a driver’s license by submitting an application for a driver’s license test to renew a license obtained in another person’s name at the date and place specified in paragraph (1)

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Certified copy of resident registration cards;

1. Application of Acts and subordinate statutes to applications for regular driver's license aptitude test;

1. Relevant statutory provisions concerning criminal facts, the choice of punishment, Article 137 of the Criminal Act (the point of obstructing the performance of official duties by fraudulent means), Article 152 subparagraph 3 of the Road Traffic Act (the point of issuing a driver's license by illegal means), and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Consideration of the offense of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is bad and the period during which the driver's license was issued unlawfully is used, etc.;

arrow