A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. On May 1, 2013, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act by being sentenced to a suspended sentence of 8 months at the Seoul Eastern District Court for the crimes of violation of the Road Traffic Act, etc. on the grounds that the Defendant has been sentenced to a suspended sentence of 2 million won for the crimes of violation of the Road Traffic Act. On January 30, 2009, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act by being sentenced to a summary order of 2 million won or more for the crimes of violation of the Road Traffic Act.

On December 20, 2014, at around 08:45, the Defendant driven a DNA-low-income car in Songpa-gu Seoul, Songpa-gu, Seoul, to the quarterly point in Seoul except Seoul, under the influence of alcohol by 0.115%.

2. The Defendant, at around 09:21 on the same day as in the preceding paragraph, was investigated by the Cheongwon Police Station, and at around 09:21, the Defendant, without authority, entered “E” in each confirmation column of the written consent to voluntarily conduct and the written report on the statement of the status quo driver, signed and sealed the document, and forged one copy of the written consent to voluntarily conduct in the E’s name on the certificate of fact and one copy of the written report on the statement of the status quo driver status, and subsequently presented it to the police officer in charge of knowledge of the fact at around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Police suspect interrogation protocol regarding E;

1. Notification of the control results of drinking driving and a report on detection of drinking drivers;

1. Investigation report (No. 13);

1. The ledger of driver's licenses on the accused;

1. On-site photographs;

1. Voluntary written consent and a statement in the circumstances of a host driver;

1. Previous records: Application of criminal records and other inquiry reports and investigation reports (Attachment to judgment attached to Seoul Eastern District Court Decision 2013dan600 Decided) Acts and subordinate statutes;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (a point of sound driving) of the Road Traffic Act, and Article 152 of the Road Traffic Act;