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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
On November 23, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of road traffic law (unlicensed driving) at the Seoul Central District Court on November 23, 2016, and the said judgment became final and conclusive on February 17, 2017.
On August 25, 2016, 09:27, at the company B located in the Gu of Ansan-si in Ansan-si, the Defendant: (a) driven the said vehicle with a siren C string car string, which is a siren; (b) around 09:59 on the same day, the Defendant met the friendly hring D with the unclaimed land located in the Sinpo-si in Gyeonggi-do, Gyeonggi-do; (c) returned to the military prisoner of war in Gangnam-gu, Seoul on 11:39 on the same day; (d) returned to the Gyeonggi-do on 12:27 on the same day; and (e) returned to the Defendant’s house located in Pyeongtaek-si around 16:10 on the same day; and (e) returned to the Defendant’s house located in Yeongdeungpo-gu, Seocho-gu, Seoul at around 20:33 on the same day without obtaining the above string driver’s license on the string car.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes on license ledger;
1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting a crime;
1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;
1. The latter part of Article 39(1) of the Exempted Criminal Act [the crime of violation of the Road Traffic Act (non-licensed driving) in the judgment of the court below is a crime committed on August 29, 2016, and the crime of this case is deemed to have been committed on August 25, 2016, taking into account that the defendant driven without a license on August 29, 2016, the previous crime of this case was committed on August 25, 2016, and even if the judgment was rendered simultaneously with the crime of this case, it cannot be deemed that the punishment would have been excessive, and thus, it shall be exempted from punishment in consideration