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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 two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. On June 13, 2016, the Defendant, without a vehicle driver’s license, driven the Ebane vehicle from a 2 km section to the roads front of the DB station located in the same city from the Dolung Building located in Silung City to the DB station located in the same city.
2. On June 13, 2016, the Defendant’s unlawful uttering of official document was discovered by the crackdown on driving without a license on the front of the pertinent D station, and the Defendant denied the official document by presenting the first class of the Defendant’s first class ordinary driver’s license under the name of the head of the Seoul Police Agency, which was in possession of a person who was requested by G to present a driver’s license from the police officer of the Heung Police Station, as the Defendant’s driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Voluntary report;
1. Application of Acts and subordinate statutes on license ledger;
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. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution ( though there is a substantial number of penalty records for the defendant due to drinking alcohol or driving without a license, such factors as the confession and reflectability of the defendant, and the defendant has no ability to impose more penalty than the fine);
1. It is so decided as per Disposition for the reason that probation, community service, or lecture attendance order is not less than Article 62-2 (1) and (2) of the Criminal Act, and Article 59 of the Act on Probation, etc.;