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A defendant shall be punished by imprisonment for six 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. Around March 23:40, 2014, the Defendant driving CM5 vehicles without obtaining a driver’s license in a section of about 1,300 meters from the 423rd road in Gangnam-gu Seoul, Gangnam-gu to the second apartment road in front of the second apartment in the 147-ro Cheonggu-ro, Gangnam-gu, Seoul.
2. The Defendant was required to present an identification card to verify the Defendant’s identity at the time and place specified in paragraph (1).
The defendant did not exercise the above resident registration certificate, which is an official document, issued by the head of Gangdong-gu Seoul Metropolitan Government, by presenting it to the above police officer as the resident registration certificate of the defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Control note;
1. Registers of driver's licenses;
1. Application of statutes to copies of resident registration certificates;
1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the same Act concerning the facts constituting an offense, and Article 230 of the Criminal Act;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. When driving without a license even though there was a record of punishment for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, the nature of the crime is not good, such as when the defendant presented his/her resident registration certificate and concealed it. However, if the defendant was detained for 20 days, he/she reflects his/her mistake, without any history of punishment exceeding a fine, and other conditions of sentencing indicated in the records, such as the defendant's age, character, conduct and environment, etc., shall be determined as per the order.