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(영문) 의정부지방법원 2017.02.09 2016고단2812
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On April 30, 2015, the Defendant violated the Road Traffic Act (non-licenseless Driving) driven a Cra-car without obtaining a driver’s license from the second floor of each market to the front road at the south of the west-gun, Hongcheon-gun, Gangwon-do, the two roads located in the west-gu, Hongcheon-gun, Seoul, the two roads of which are located in the west-do, Chungcheongnam-si. In short, the Defendant driven a Cra-car without obtaining a driver’s license.

2. When the Defendant, at the time and place specified in paragraph 1, violated a signal, he/she was punished for non-licensed driving, resulting in his/her / her act as if he/she were D, and resulting in the enforcement officer’s name and resident registration number to the police officer, and arbitrarily signed D’s signature in the column for signature signature next to the offender’s name, which was presented by the enforcement officer of the control police officer.

Accordingly, the Defendant forged D’s signature for the purpose of exercising the right.

3. At the time and place specified in paragraph 2, the Defendant: (a) presented a notice of penalty payment notice, which forged D’s signature, to a slope E, who is aware of such fact; and (b) exercised the said notice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Cooperation with the details of detailed taxes on the violation of traffic laws and regulations;

1. Details of notices on traffic violations (the details of signatures), notices on penalty payment, and notices on traffic violations;

1. Application of the detailed Acts and subordinate statutes on driver's license;

1. Article 152 Subparag. 1, Article 43 (Unlicensed Driving, Selection of Imprisonment), Article 239 (1) of the Criminal Act (the point of a signature of a company), Article 239 (2) and Article 239 (1) of the Criminal Act (the point of a signature of a company), Article 152 Subparag. 1, 43 (the point of a signature of a company) of the same Act concerning the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. A person who operates a motor vehicle with reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection and the order to provide community service and the order to attend lectures, shall be issued to a person who has the ability of driving and operating the motor vehicle.

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