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

Punishment of the crime

[criminal history] On November 26, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (compact) at the Incheon District Court on November 26, 2015, and completed the execution of the sentence at the Incheon Detention Center on October 22, 2016.

[Criminal facts]

1. On January 23, 2017, the Defendant was found to have violated a traffic signal while driving the EK5 car, which is owned by D, on the roads located in Nam-gu Incheon, Nam-gu, Incheon, on the roads located in C on January 23, 2017, and was demanded to present a driver’s license from G police officers belonging to the F of the Incheon Southern Police Station.

The defendant presented the first class ordinary driver's license for the defendant's type H in the name of the National Police Agency of Incheon, which is an official document in possession, as if he was the defendant's driver's license.

Accordingly, the defendant did not use official documents.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven a vehicle EK5 vehicle without obtaining a driver’s license at the date and place specified in paragraph 1.

Summary of Evidence

fact No. 1 of the ruling

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. The facts set forth in subparagraph 2 of the ruling by taking comprehensive account of a copy of a driver's license presented during control;

1. Statement by the defendant in court;

1. Recognition may be made by integrating into the ledger of driver's licenses for the motor vehicles of the victim, followed inquiries, mandatory insurance inquiries, etc.;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 230 of the Criminal Act applicable to the facts constituting an offense, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the same Act;

1. Selection of alternative imprisonment with prison labor (the following disadvantageous consideration);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes is 【Scope of Recommendation】 The basic area [limited to a minimum of four months; consideration is limited to concurrent crimes with a crime for which sentencing guidelines are not set; consideration is limited to a minimum of four months; and consideration is equivalent to a crime for which sentencing guidelines are not set] general mitigation (aggravating): In a case where social risks have not been realized because the ultimate objective of the crime is not achieved, it is a repeated crime, or a repeated crime.