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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On June 2016, the Defendant embezzled the lost driver’s license, which the victim C lost on the side of the garbage box kept in the toilets in the cafeteria building located in the Sinung-si, B during his/her entertainment, without following necessary procedures, such as acquiring the driver’s license, return it to the victim, etc., and embezzled as he/she had.
2. On June 30, 2016, the Defendant was under the influence of alcohol by 03:00 on the blood without a driver’s license for a motor vehicle, driving a motor vehicle with D-Wed vehicle from the road front of a mutual influent restaurant located in Heung City B to the road front of the Japanese intersection in the same Dong from about 1km to the road front of the Japanese intersection in the same Dong without a driver’s license for a motor vehicle.
3. On June 30, 2016, the Defendant was found to have driven a driver’s license on the road in front of a three-dimensional distance from a Japanese class, which is located in the Silung-si B at Silung-si, and was demanded to present a driver’s license from F in the circumstances where the Silung Police Station E zone belongs to the Silung-si.
Accordingly, the Defendant denied the official document by presenting Class C's Class 2 driver's license under the name of the Director General of the Incheon Regional Police Agency, which is an official document held by the Defendant on the same grounds as the above Paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of driving at home;
1. Notification of the results of regulating drinking driving;
1. Control photographs;
1. Photographs photographs of driver's license (C) of a motor vehicle;
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) under Article 360(1) of the same Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the occupation of driving without a license), Article 148-2 Subparag. 2 and Article 44(1) of the Road Traffic Act (the occupation of driving under influence of alcohol) and Article 230 of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62(1) of the Criminal Act 1.