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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. On February 20, 2014, the Defendant driven a C-ro vehicle at the section of about 2 km from the Do in front of any restaurant located in the Yellow-gu, Yongsan-gu, Mangnsan-si, Goyang-si to the front of the junju-si, without a driver’s license, while under the influence of alcohol of 0.087% of blood alcohol concentration. The Defendant driven a C-ro vehicle at the section of about 2 km from the Do in front of the jun-si to the jun-do road.
2. On February 20, 2014, the Defendant: (a) was found to have been aware of a police officer’s resident registration number due to driving without a drinking license, as stated in the foregoing paragraph (1), on the ground that the Defendant: (b) on February 20, 2014, carried out a private signature forgery; and (c) on the ground that he/she was found to have been aware of a police officer’s resident registration number due to driving without a drinking license, as indicated in the foregoing paragraph (1), and (d) was presented to the said police officer after signing “D” on the “road report of a police officer”, a police officer, as he/she was “D.”
Accordingly, the defendant forged another person's signature for the purpose of exercising the right, and exercised the forged other person's signature.
Summary of Evidence
1. Statement by the defendant in court;
2. Report on the results of the control of drinking and driving, and the register of driver's licenses.
3. Application of Acts and subordinate statutes to the report on the status of drivers;
1. Relevant Article 148-2 (2) 3 of the Road Traffic Act, Article 44 (1) of the Road Traffic Act, and Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Criminal Act, Article 239 (2) and Article 239 (1) of the Criminal Act concerning the crime;
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of imprisonment with prison labor chosen;
4. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act.
5. Article 62 (1) of the Criminal Act;
6. The reason for sentencing under Article 62-2 of the Criminal Act is the sentencing factor unfavorable to the defendant, such as: (a) the defendant, even though he had the past record of being punished for drunk driving; (b) when he was discovered, he/she conducts another person; and (c) forged and uses another person’s signature.
On the other hand, the defendant is the case.