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

Punishment of the crime

[criminal history] On September 29, 2014, the Defendant was sentenced to six months of imprisonment and two years of suspended sentence due to a violation of road traffic laws (unlicensed driving) at the Seoul Eastern District Court (Seoul Eastern District Court) on October 7, 2014, and the said judgment became final and conclusive on October 7, 2014. However, on September 24, 2016, the sentence of suspended sentence was revoked and is currently being executed at the Sungdong detention center, and is currently in the enforcement of the said sentence. On December 15, 2016, the Seoul East East District Court was sentenced to four months of imprisonment for a violation of road traffic laws (unlicensed driving) at the Seoul Eastern District Court

[Criminal facts]

1. On March 30, 2015, the Defendant embezzled the victim’s property with the intent of acquisition without taking necessary procedures, such as discovering a copy of the driver’s license lost by the victim H at the construction site located in the Gu of Suwon, and reporting it to the close police station, etc.

2. On April 20, 2015, the Defendant violated the Road Traffic Act (divated driving) and the Road Traffic Act (divated driving) driving a vehicle without obtaining a driver’s license in the state of alcohol content of 0.06% from the blood transfusion on April 20, 2015, and driving a vehicle with approximately 10km an I knifous drive from the road located in the road in the Gangdong-gu Seoul Metropolitan City, Gangdong-gu, to the Hanam-si Hansan-dong.

3. The Defendant’s unlawful uttering of official document was controlled on the same date, time, place, etc. as mentioned in the above 2 paragraph, and was demanded by the police officer to present a driver’s license from the KK affiliated with the Korean National Police Agency of Chungcheongbuk-do, and the Defendant presented the first class ordinary driver’s license in the name of the Seoul National Police Agency, which is an official document previously possessed, as if the Defendant was the driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification, etc. of the results of regulating drinking driving;

1. Report of investigation (specific suspect);

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 360(1) of the Criminal Act applicable to the facts constituting an offense (the embezzlement of possession) of the same Act, Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the point of drinking alcohol) of the same Act, and Article 152 of the Road Traffic Act.