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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around February 13:15, 2019, the Defendant driving a Fpoter-II truck without obtaining a driver’s license in the section of approximately 1.7 km from the “CF wood collection center” located in Pyeongtaek-gun B of Gangwon-do to the “E” front of the “E” located in D.
2. The Defendant’s unlawful uttering of official document presented the Defendant’s pro-friendly I’s driver’s license (J) as the Defendant’s license on the road in front of the “E” located in Pyeongtaek-gun, Kim Chang-gun, Gangwon-do, as indicated in the foregoing paragraph (1).
Accordingly, the defendant did not use a driver's license in the name of the commissioner of the Gangwon Police Agency who is an official document.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the registers of driver's licenses without a license, reports on the current status of driving, field photographs, investigation reports (related to the exercise of another person's
1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Article 230 of the Criminal Act and the choice of imprisonment, respectively;
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. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;
1. The scope of applicable sentences: Imprisonment for one month to three years;
2. Scope of recommending types: Imprisonment for not less than four months (based on the lowest limit of the basic sphere of crimes of unlawful uttering of official documents for which the sentencing criteria are set); and
3. On December 21, 2018, the Defendant rendered a summary order of a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) and the license was revoked accordingly.
Nevertheless, the defendant was driving without obtaining a license without being among persons, and when the driver without a license is discovered, the defendant presented the resident registration certificate of the punishment in order to conceal his status.
The defendant's responsibility for this is not easy.
However, the defendant commits a crime.