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A defendant shall be punished by imprisonment for one year.
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 March 25, 2020, the Defendant was issued a summary order of KRW 10 million as a crime of violating the Road Traffic Act by the District Court of the Republic of Korea on March 25, 202.
피고인은 2020. 4. 2. 04:57경부터 같은 날 05:20경까지 약 20분간 서울 도봉구 B모텔 앞 도로에서, 음주운전이 의심된다는 신고를 받고 출동한 경찰관 C로부터 운전석에 탑승하고 있던 피고인에게 술 냄새가 나고, 상의에 구토 흔적이 있는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 총 3회에 걸쳐 음주측정기에 입김을 불어 넣는 방법으로 음주측정에 응할 것을 요구받았으나, 입김을 불어 넣는 시늉만 하는 방법으로 정당한 사유 없이 음주측정 요구에 응하지 아니하였다.
Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
2. On April 2, 2020, the Defendant violated the Road Traffic Act (unlicensed driving) and operated the Felon 2.0 meters from the front of the E-public parking lot located in Dobong-gu Seoul Metropolitan Government to the front road of the same Gu, without obtaining a driver’s license on April 2, 2020.
3. On April 2, 2020, the Defendant violated the Resident Registration Act, at the Dobong-gu Seoul Metropolitan Government Office G Office of Dobong Police Station G office, and at the police officer who asked the Defendant’s personal information, expressed the Defendant’s penal H resident registration number to C, and used the Defendant’s penal H resident registration number unlawfully.
4. The Defendant, at the same time and place as mentioned in the above paragraph (3), was compelled to sign the driver column of notification of the result of drinking driving control by a police officer C of portable information terminal (PDA) by his refusal of drinking measurement, and was used as “H” without authority for the purpose of exercising the aforementioned forged signature by using an electronic tamp, and presented it to C by a police officer who is unaware of such fact.