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A defendant shall be punished by imprisonment for not less than eight 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 November 28, 2015, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (DSS5 driving) driving a vehicle without obtaining a driver’s license from around 07:20 on November 28, 2015, while under the influence of alcohol with approximately 50 meters alcohol concentration at approximately 0.176% from the 50-meter section to the front line of the C department located in Pyeongtaek-si-dong.
2. The Defendant, while drinking alcohol and driving without a license as above at the time and place specified in paragraph 1, was at the time and place, and in order to avoid punishment, he had a mind to go to E, a Defendant’s friendly life, who was carrying his personal information in advance.
A. On November 28, 2015, the Defendant: (a) committed the crime of forging and exercising the circumstantial report on the driver’s license in Pyeongtaek-si; (b) made the aforementioned F enter personal information of the E in the name column of the driver’s license report on the State-based driver’s license; (c) signed the “E” and the “G” on the resident registration number column; and (d) submitted the forged driver’s license report to F, who was aware of the forgery, as a genuine document, after having completed the falsified driver’s license report.
Accordingly, the defendant, for the purpose of exercising authority, forged a copy of the main driver's circumstantial report under E, a private document concerning fact-finding without authority, and exercised it.
B. The Defendant, at the time, at the place specified in paragraph (1) of Article 2, posted a notice of the result of drinking driving control, and at the same time and place, posted his personal information to F, a traffic control police officer, and made the F to enter “E”, “H”, “G”, etc. in the name column of the notification of the results of drinking driving control using a computer, and signed the same at the lower driver’s name.