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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act, etc. at the Daegu District Court on June 13, 2011, and the same year.
7.1. The same court has the same record of being sentenced to a fine of five million won for the same offense.
1. On January 3, 2012, at around 08:57, the Defendant, without a driver’s license, driven a B-low-income vehicle at approximately 1km from the front Nengdong-dong 2nd apartment (Advance circular road) near Daegu-dong 0.113% of alcohol level without a driver’s license.
2. At the same time, while under the influence of alcohol on the front of the Seocho-gu Seoul metropolitan apartment road in front of the said apartment road, he was in possession of a driver’s license in the said passenger vehicle. The Daegu Southern Police Station C District D, who was in charge of investigating the driving circumstances, presented the E driver’s license issued by the Commissioner of the Provincial Police Agency as if he was the driver’s license.
3. At the same time and place as Paragraph 2 of the same Article, in order to exercise the right to request the above police officer to sign and seal a report on drinking driving, the E-on driver report was forged without authority, and the above falsified private document was submitted to the above police officer as if it was duly formed.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Report on actions taken against an employer, and report on the status of an employer-employed driver;
1. Registers of driver's licenses;
1. A copy of a license presented after the drunk driving is detected;
1. Previous convictions indicated in judgment: Criminal records, US records, and the application of Acts and subordinate statutes;
1. Relevant provisions of Article 148-2(1)1, Article 44(1) of the Road Traffic Act for criminal facts, Article 152 Subparag. 1, Article 43 of the Road Traffic Act, Article 230 of the Criminal Act, Article 231 of the Criminal Act, Article 231 of the Criminal Act for criminal facts.