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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
Punishment of the crime
1. On September 29, 2016, the Defendant driven a Dick car under the influence of alcohol content of about 0.077% in blood without a driver’s license, from the street in front of the “Fash,” which is located in one motor vehicle in the Heungdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju to the street in front of the “C District Zone” located in the same Gu B from September 29, 2016.
2. On September 29, 2016, at around 05:16, the Defendant: (a) entered “E” in the name column and “F” in the resident registration number column, and signed E in the name following the name of the Defendant, after being under influence of alcohol and the electronic document written in PDA, using the test color pen.
Accordingly, the Defendant forged E’s signature for the purpose of exercising the right.
3. The Defendant, at the time, at the place of the foregoing 3. Paragraph 3. When, and at the place, submitted a false signature to G, as stated in the above 2. Paragraph 2, to the police officer G, who was aware of the forgery, the statement of the circumstances of the driver involved, etc. was duly formed
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. A copy of the statement report on the circumstances of a driver driving a drinking and the notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes to the driving license ledger;
1. Article 239 (1) of the Criminal Act (the point of signing a private signature), Article 239 (2) and Article 239 (1) of the Criminal Act (the point of exercising a forged signature), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving drinking) of the relevant Act on the crime, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the point of driving a private license);
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (which is between the crime of drinking and the crime of non-licensed driving);
1. Imprisonment with prison labor for a crime of driving selective drinking;
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 on the suspended execution;
1. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service order: The nature of the crime is bad.