beta
Text
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] The Defendant received a summary order of KRW 300,000,000 as fine for a violation of the Road Traffic Act (driving) on October 27, 2008 from the Changwon District Court through the Changwon District Court on March 21, 2016, fine of KRW 1.5 million as fine for a violation of the Road Traffic Act (driving) on March 21, 2016, and fine of KRW 6 million as of April 25, 2016.
【Criminal Facts】
1. Around 22:00 on June 19, 2020, the Defendant driven a Kan-kn-kin vehicle under the influence of alcohol with a blood alcohol concentration of about 0.075% without obtaining a driver’s license at a section of about 200 meters from the front of the road located in B at a macro-gu, Seoul to D before the macro-si, and without obtaining a driver’s license.
2. On the date and time indicated in paragraph (1), the Defendant violated the Resident Registration Act by speaking the resident registration number (I) of the birth H of the Defendant, who did not live together with the said G, when the Defendant was demanded to present his identification card to the police officer G, etc. belonging to the Slow Police StationF at the place where the alcohol driving control was conducted.
3. The Defendant: (a) caused G to enter the personal information of H and the details of the violation in personal portable device (PDA) that is known of the date, time, place, etc. set forth in paragraph (2) in the event of the former electromagnetic records, etc.; (b) after measuring the alcohol level and informing G of the results of the crackdown on drinking driving; (c) subsequently, G requested G to sign on the part of the driver confirmation column of the screen screen as a result of the crackdown on drinking driving of the foregoing portable device; (d) he arbitrarily affixed a digital signature as “H”; and (e) G, who may know of the fact of the forgery, sent the file to the traffic police network as if the file was authentic.
Accordingly, the defendant, with the intention to obstruct the management of affairs, has forged a report on the result of drinking driving under H, which is a prior record of a certificate of fact, and exercised it.