도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On November 30, 2015, the Defendant was issued a fine of KRW 3.5 million at the Jung-gu District Court on the grounds of a violation of road traffic laws (drinking), and a fine of KRW 5 million at the Seoul Central District Court on January 11, 2016 due to a violation of road traffic laws (drinking).
[Criminal facts]
1. On December 24, 2015, the Defendant: (a) was under the influence of alcohol by 0.05% in blood while driving a vehicle at around 23:40 on December 24, 2015 without obtaining a driver’s license; (b) the Defendant driven C-Wz car at the 4km section from the front line in Seoul Nowon-gu to the front line in Seoul, Nowon-gu to the Seoul Dongdaemun-gu.
As a result, the Defendant, who was punished twice or more due to drinking, was driving while under the influence of re-driving, and was driving without obtaining a driver's license.
2. On December 24, 2015, the Defendant forged a private signature and signed the above investigation: (a) around December 23:40, 2015, at the front of Dongdaemun-gu Seoul Metropolitan Government Police Station Traffic Safety Direction D, the Defendant’s resident registration number, his/her birth, who was under the Defendant’s request for the driver’s license, controlled the driving of alcohol by the driver; (b) conducted a drinking measurement; and (c) written the signature of “E” in the driver’s circumstantial statement report prepared by the said D; and (d) issued the said D a false signature to the said D, who is aware of the forgery of the signature.
Accordingly, for the purpose of exercising, the Defendant forged the signature of the E in the name of E, and exercised it.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D or E;
1. Statement of the circumstances of the driver involved in driving;
1. An indication of drinking numerical records, notification of the results of crackdown on drinking driving, and a report on detection of a driver of drinking;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;
1. Article 239(1) and (2) of the Criminal Act, the Road Traffic Act concerning the crime.