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(영문) 인천지방법원 2013.08.29 2013고단2578
도로교통법위반(무면허운전)등
Text

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

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

Reasons

Punishment of the crime

1. From May 19, 2015:20 on May 19, 2013, the Defendant driving a b presson vehicle without obtaining a driver’s license in the section of approximately 2K meters from the front side of the mountain valley station located in the Busan Bupyeong-gu Incheon Metropolitan City, to the front side of the same day from around 15:40 on the same day.

2. On May 19, 2013, the Defendant: (a) while driving a motor vehicle with B presson fested on a road in front of the 678-dong, Bupyeong-gu, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon; (b) on the one hand, the Defendant presented the Defendant’s driver’s license completion as the Defendant’s driver’s license; and (c) on the other hand, the Defendant, who was a public document carrying the patrol duty, presented the Defendant’s driver’s license completion as the Defendant’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure, lists, and copies of seized articles;

1. Control note;

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

1. Relevant statutory construction for the crime: The occupation of unlawful uttering of official documents under subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (Selection of Imprisonment): Article 230 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Article 50 (Aggravation of Concurrent Crimes concerning Unlawful Uttering of Public Document heavier Punishment)

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the fact that there is no previous conviction sentenced to imprisonment without prison labor or heavier punishment and the fact that there is a reflective error);

1. Social service order under Article 62-2 of the Criminal Act;

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