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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 March 24, 2017, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (dialless driving) on the roads of the second apartment zone in the Cheongju-dong, Cheongcheon-si, Cheongcheon-si, and the roads in C in the same city B from March 24, 2017 to March 2, 2017, driving a DNA siren car under the influence of alcohol concentration of about 0.052% while under the influence of alcohol during blood without a driver’s license.
2. On March 24, 2017, the Defendant: (a) entered the name of “G” on the sexual name column without authority, signed the said name on the roads in front of Dacheon-si, B around 07:12, 2017; (b) was controlled by drinking driving from the Inspector F of the Police Station E, and was demanded to sign a report on the situation of the driver under the influence of drinking; (c) the notification of the results of the crackdown on drinking driving; and (d) the suspension statement without authority; and (c) stated the name of “G” on the sexual name column; and (d) presented it to the said F who was unaware of the forged signature as if the signature was genuine.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement under the circumstances of the driver involved in the relevant driving;
1. Inquiries about the results of crackdown on driving alcohol;
1. A written notice and a written statement of the results of the drinking control;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 148-2 subparag. 3, Article 44 subparag. 1 (D. Driving) of the Traffic Act, Article 152 subparag. 1, and Article 43 (U.S. Driving without License) of the Road Traffic Act, Article 239(1) of the respective Criminal Act (U.S.’s signature) concerning the crime, Article 239(2) and Article 239(1) of the respective Criminal Act (U.S.’s signature) concerning the crime;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act (driving without a license) and the crimes of violation of the Road Traffic Act (driving without a license), and punishment provided for the crimes of violation of the Road Traffic Act, of which punishment is heavier);
1. Selection of sentence of imprisonment with prison labor for a crime of violation of traffic laws at a selective sentence of punishment;
1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the punishment, the nature of the crime and the circumstances thereof are the largest.