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.

Punishment of the crime

On June 27, 2007, the Defendant was sentenced to a fine of KRW 1.5 million by the Incheon District Court for a crime of violation of the Road Traffic Act (driving). On October 19, 2012, the Defendant was sentenced to a fine of KRW 3 million by the Incheon District Court for a crime of violation of the Road Traffic Act (driving).

1. On August 9, 2013, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) at around 23:10 on August 23:10, 2013, the Defendant driven a B car while under the influence of alcohol of 0.192% of alcohol concentration, without obtaining a driver’s license in the section of approximately 2 km from the front of a cafeteria in Busan Metropolitan City Seo-gu, Busan Metropolitan City, to the front of the Gyeyang Fire Station in the same city-gu, Gyeyang-gu, the same day from around 23:27 on the same day.

2. The Defendant’s unlawful uttering of official document was discovered by drinking while driving the said vehicle at the same time and place as indicated in paragraph (1) and was demanded to present C’s driver’s license from the superintendent of the Incheon Gyeyang Police Station.

The defendant presented a copy of the Class D's first-class ordinary driver's license under the name of the defendant in the name of the Commissioner of Incheon Local Police Agency, which is an official document in possession, as the defendant's driver's license.

Accordingly, the defendant did not use official documents.

3. When the Defendant was arrested as a flagrant offender at the same date, time, and place as mentioned in paragraph (1), and was investigated at the guard traffic of the Gyeyang Police Station 1078-1 Gyeyang-gu Incheon Gyeyang-gu and the traffic safety guidance office, the Defendant had his mind to undergo an investigation in the name of D, which is the place of punishment.

On the same day, the Defendant stated “D” in the driver’s name column in the statement on the driver’s name of the main driver’s statement at the above location on the same day and marked his name.

Accordingly, for the purpose of uttering, the Defendant forged a copy of the report on the statement of the state driver's situation in the name of D, which is a private document related to the certification of fact.

4. The defendant shall be counterfeited at the time and place specified in paragraph (3).