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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On December 24, 2007, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act by the Jeju District Court. On July 11, 2016, the same court was issued a summary order of KRW 4 million for the same crime. On February 16, 2017, the court was sentenced to a summary order of KRW 4 million for the same crime. On February 16, 2017, the same court was sentenced to two years for the suspension of the execution of October and violated Article 44 (1) of the Road Traffic Act three times.
1. On March 4, 2017, the Defendant: (a) driven a DNA Lone Star vehicle under the influence of alcohol content of 0.098% without a vehicle driver’s license on a section of approximately 1.3 km from the Jeju City B pention road to the road before the same city pention road; (b) around 07:17:17.
2. On March 4, 2017: (a) around 07:17:17, the Defendant: (b) while driving a drinking or unlicensed driving on the road before the Jeju City Pacific City, as described in the preceding paragraph; (c) was subject to control and alcohol measurement from the Jeju Western Police Station Security and the E slopeF affiliated therewith; (d) while driving as if the Defendant’s wife was G, the Defendant was able to do so, the Defendant stated the name of the said G in the column of the “report on the Statement on the Election of Jeju Drivers,” which was issued by the said police officer, and submitted it to the said F, without knowledge of the forgery of the signature.
Accordingly, the defendant forged and used another person's signature for the purpose of exercising the right.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (attached to judgments, etc. related to the records of violations of Article 44 (1) of the Road Traffic Act);
1. Article 148-2(1)1, Article 44(1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018); Article 152 subparag. 1, and Article 43 of the Road Traffic Act (amended by Act No. 15530, Mar. 27, 201); Article 231 of the Criminal Act (amended by Act No. 15530, Mar. 1, 201); Article 234 of the Criminal Act.