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(영문) 수원지방법원 안산지원 2015.06.05 2015고정719
공문서부정행사등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Criminal facts

1. On December 2014, the Defendant: (a) acquired a driver’s license, a victim’s owner, who was lost by the victim B, from the “D” house located in Ansan-si, Ansan-si; and (b) obtained one copy of the driver’s license, which was owned by the victim B.

The Defendant did not follow necessary procedures such as returning the goods acquired as above to the victim, and embezzled the goods that he/she had on his/her own mind and left the possession of the victim.

2. On January 15, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) driving the E-motor vehicle at a distance of about 20 meters from the 6th regular school to the same 37th regular road as the front of the 6th regular school in Ansan-si, Ansan-si, without obtaining a driver’s license on January 15, 2015.

3. The Defendant was asked to present a driver’s license for an illegal event of official document at the same time and place as that set forth in paragraph 2, as in paragraph 2, by means of illegal parking from Ansansan Police Station’s slope F, which belongs to the traffic management department of the Ansan Police Station during driving without a license.

The defendant, as stated in Paragraph 1, presented the second-class ordinary driver's license for B in the name of the commissioner of the Gyeonggi Provincial Police Agency, which is a public document held by him, as if he was the defendant's driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. Photographs related to the case;

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

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act of the choice of punishment (the embezzlement of stolen articles), Article 152 Subparag. 1, Article 43 of the Road Traffic Act, Article 230 of the Criminal Act, the selection of fines for negligence (the fact that the defendant is led to confession and reflect, the fact that the obtained resident registration certificate appears to be returned to the victim, etc.);

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

1. Article 333 (1) of the Criminal Procedure Act for return;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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