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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
1. Around 01:00 on January 22, 2013, the Defendant driven BSM5 car from a 300-meter section from the front of a restaurant in which the trade name in the south-gu of Busan is unknown at a level of 0.154% of blood alcohol without a driver’s license, to the end of the Twitel in the same Dong, while under the influence of alcohol on January 22, 2013.
2. On January 22, 2013, at around 01:58, the Defendant: (a) stated the name and signature of C in the letter of confirmation on the arrest of flagrant offender, which is a private document related to the certification, and the driver’s name column of the de facto statement on the de facto driver’s report; (b) forged the private document under C with the seal affixed; and (c) submitted the forged document to the slopeD affiliated with the above police station, which is aware of the forgery.
3. On January 22, 2013, the Defendant was requested to present an identification card from a slope G belonging to the above police station in order to enter his/her personal information in the consent form for blood sampling at the emergency room of the F Hospital located in Busan Southern-gu, Busan in order to take a drinking test.
The defendant presented the second-class ordinary driver's license under the name of the director of the Busan Local Police Agency, which is an official document held by the defendant, as if he was the defendant's driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Copy of the suspect examination protocol of the accused;
1. Blood alcohol appraisal report and the register of driver's licenses for automobiles;
1. Application of the written confirmation of the arrest of flagrant offenders (C), the written report on the state of his/her oral statement (C), and the written consent to blood collection (C);
1. Relevant laws concerning criminal facts, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (a point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 152 of the Road Traffic Act;