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(영문) 창원지방법원 통영지원 2016.05.31 2016고단282
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 sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 22, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving vehicles B, who are engaged in driving of the vehicle B, driven the said vehicle within approximately 3 km from around December 15, 2015, around the same 15:40, while the driver’s license of the vehicle was revoked on December 22, 2015.

2. On December 22, 2015, the Defendant: (a) was found to have violated the signal while driving the said Poter on the road in front of the Dong IC on the road in the Dong dong dong IC on December 15, 2015; and (b) was requested to present a driver’s license by C in the circumstances belonging to the Dong IC police station; (c) in relation to the company’s business, D’s class 1 ordinary driver’s license under the name of the Commissioner General of the Gyeongnam National Police Agency, which is an official document he/she had in possession, presented it to verify his/her identity.

3. A person who violated the Resident Registration Act was prohibited from using another person’s resident registration number unlawfully. However, the Defendant, at the time and place specified in paragraph (2), and at the same time and place specified in paragraph (1), intended to conceal the fact of driving without obtaining a license, and notified the control police officer of the completion of his/her resident registration number of pro-friendly E, in which he/she was on his/her usual appearance, as if he/she was the Defendant

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to the driver's license ledger, copy of D's license, E's license ledger, enforcement manual, and subsequent guidance search output;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 subparagraph 1 of the Act on the Selection of Punishment, Article 43 (U.S. Driving without License), Article 230 (U.S. Illegal Exercise of Official Documents) of the Criminal Act, Article 37 subparagraph 10 (U.S. Illegal Use of Other Persons' Resident Registration Numbers) of the Resident Registration Act, and the choice of imprisonment, respectively;

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 provides that the suspension of execution (which has been punished several times by a fine for driving without a license) shall not be less than the suspension of execution.

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