A defendant shall be punished by imprisonment for not more than ten 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

[2013 Highest 2596]

1. Around 04:20 on August 7, 2013, the Defendant driven a C EFbea car from the front of Songpa-gu Office located in Songpa-dong 29-5, Songpa-gu, Songpa-gu, Seoul to the front road of approximately 3km-dong 514-1, Gangdong-gu, Seoul, while under the influence of alcohol content of about 0.135% from the 3km-dong, Gangdong-gu to the road.

2. On August 7, 2013, the Defendant was found to have committed a violation of the Road Traffic Act (driving) as referred to in paragraph (1) and paragraph (1) on the road in Gangdong-dong, Gangdong-gu, Seoul at around 04:30, and was demanded to present a driver’s license from the senior police station belonging to the Seoul Gangnam-gu, Seoul.

The defendant presented the defendant's second class common driver's license under the name of the head of the Seoul Local Police Agency, which is an official document in possession, as if the defendant was the defendant's driver's license.

Accordingly, the defendant did not present official documents.

3. Around 04:30 on August 7, 2013, the Defendant: (a) forged a signature with a “E” written report on the de facto statement of the de facto driver, stating the E’s address, resident registration number, etc. and presented E based on the Defendant’s statement on the road set forth in front of the 514-1, Gangdong-gu Seoul Gangseo-gu Seoul Metropolitan Government, which was under the influence of drinking on the road; (b) forged the signature with a “E” without authority to exercise; and (c) issued the said written report on the de facto driver’s statement with a forged private signature to F, who is unaware of such fact, as above, as if the written report on the de facto driver’s statement was duly concluded.

[2013 Highest 2971]

4. The Defendant, on August 9, 201, leased 44 months, monthly rent of 881,967 won, deposit money of 3,987,000 won, to the representative director of H in the first floor of the G building in Gangdong-gu Seoul Metropolitan Government, and the vehicle of Jalin Capital Co., Ltd. located in the Dong-gu Seoul Metropolitan Government Dong-gu Seoul Metropolitan Government on August 9, 201, which is equivalent to KRW 42 million in the market value of the victim and the victim’s owner, and immediately returned the lease cost.