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

Punishment of the crime

On November 11, 2011, the Defendant issued a summary order of KRW 3.5 million on May 24, 201, by a fine of KRW 3.5 million for a violation of the Road Traffic Act (dacting driving) at the Daegu District Court Kimcheon-gu branch of the Daegu District Court, and a fine of KRW 3 million at the same court on May 24, 2013, respectively.

On November 27, 2015, at around 21:50, the Defendant driven a car B, without a driver’s license, while under the influence of alcohol content of about 0.094% from the 5km-do road located in the same city-dong from the front of the 90-2nd of the Gicheon-si, Kimcheon-si to the front of the same city-dong.

On November 27, 2015, the Defendant, at around 21:50 on November 27, 2015, 2015, driven the above van while driving the vehicle at the seat of Kimcheon-si, Kimcheon-si, and was controlled by drinking, and was required to produce a driver's license from Kimcheon-gu Police Station C police boxed D.

The defendant's Class E-II driver's license, which is a public document under the name of the Commissioner General of the Gyeongbuk-do Police Agency in possession of the defendant, was presented as if the defendant was E.

Accordingly, the defendant illegally exercised the driver's license under the name of the Commissioner General of the National Police Agency in Gyeongbuk-do, an official document.

Summary of Evidence

[2015 Highest 1514]

1. Statement by the defendant in court;

1. The circumstantial report of drivers and the driver's license register of motor vehicles;

1. References to inquiries, such as criminal history, investigation report (Attachment to the summary order of the same type of crime)

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to voluntary accompanying reports, internal investigation reports, and investigation reports (as regards type E);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) and Article 230 of the Criminal Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment provided for in Articles 40 and 50 of the same Act between the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act (unlicensed Driving) and the crimes of causing heavy punishment);

1. Selection of each sentence of imprisonment;

1. Aggravation concurrent crimes;