Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On May 4, 2010, the Defendant was sentenced to imprisonment with prison labor for one year and six months at the Seoul Southern District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence on September 15, 201.
1. On July 9, 2012, the Defendant: (a) while driving a YF station LYF station in the YF station in the Hansan-dong, Hansan-si, Sinnam-si, Hansan-si, the Defendant forged the Defendant’s signature by referring to the name and resident registration number of the Defendant’s pro-Japanese NN for the purpose of exercising his/her authority; and (b) submitting a notice of detection of the Defendant’s offender in the traffic control PDA and sign N in the digital signature column for the purpose of exercising his/her authority while driving the YF station in the YF station.
2. On July 9, 2012, the Defendant, without obtaining a driver’s license, driven the YFbea as referred to in paragraph (1) on the roads between 12:00 to 18:00, the YFast, which were set forth in paragraph (1) on the roads of the YFast, Silri-si, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the N in the police station;
1. The register of driver's licenses, notification/i.e., management, and digital signature inquiry;
1. The investigation report (number 9);
1. Records before and after judgments: Criminal records, etc., inquiry reports, judgment No. 2010 Highest 1057, and application of Acts and subordinate statutes of investigation reports (No. 16);
1. Relevant Article 239 (1) of the Criminal Act, the choice of punishment for the crime, Article 239 (1) of the Criminal Act, Article 239 (2) and (1) of the Criminal Act (a point of exercising a false investigation or signature), Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the Defendant committed each of the instant crimes during the period of repeated crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and the fact that the Defendant’s mistake is against one’s own mistake is considered as favorable circumstances.