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The punishment of the accused shall be determined by eight months of imprisonment.
Reasons
Punishment of the crime
On January 28, 2010, the Defendant was sentenced to two years of imprisonment for a crime of fraud, etc. in the Gwangju District Court's Southern Branch on January 28, 201, and completed the execution of the sentence in the Ganpo Prison on March 27, 2011.
1. On October 4, 2013, the Defendant was under the influence of alcohol level of 0.05% without a vehicle driver’s license, and the Defendant driven B 300 meters from the vicinity of a regular area located in the Seo-gu, Seo-gu, Gwangju to the regular course of business in the Seo-gu, Seo-gu, Gwangju to the direction of the regular course of business in the Seo-gu, Seo-gu.
2. The Defendant: (a) discovered the fact of drunk driving at the time and place specified in the foregoing paragraph (1); (b) caused C to enter the Defendant’s name “E” and resident registration number into the police PDA without presenting the driver’s license, without presenting the driver’s license and the driver’s license; (c) demanded C to sign and seal the notice of the result of the influence of alcohol driving on the PDA screen; and (d) forged E’s signature without authority for the purpose of exercising his/her digital signature as if he/she was E.
Summary of Evidence
1. Statement of the police suspect interrogation protocol against the accused;
1. Statement in the police statement of E;
1. Statement of the result of crackdown on drinking driving;
1. Entry in the register of driver's licenses;
1. Previous records of judgment: Application of Acts and subordinate statutes entered in an investigation report (the judgment of repeated crime and current status of confinement);
1. Article applicable to criminal facts;
(a) Point of driving under the judgment: Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act;
(b) Point of driving without obtaining a license: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;
C. Article 239(1) of the Criminal Act: Article 239(1) of the same Act;
1. Violation of Articles 40 and 50 of the Criminal Act for the ordinary concurrences and the choice of punishment (the crime of running a motor vehicle on the market).