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Defendant shall be punished by imprisonment for a term of one year and three months.
Reasons
Punishment of the crime
On August 22, 2019, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Suwon District Court as a matter of violation of the Road Traffic Act.
1. Around July 22:17, 2020, the Defendant driven a Cro-vehicle in the state of alcohol with approximately 1km alcohol concentration of about 0.115% from the section of about 1km from the front side of Pakistan to the front side of the district heating construction in front of the district heating construction in 1091.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
2. When the Defendant, at the time and time set forth in paragraph (1), was controlled by drinking driving in front of the above area heating work, the Defendant conspiredd the signature of D by signing to the driver’s signature on the driver’s signature column of the circumstantial statement report on the driver’s driver’s driver’s driver’s driver’s driver’s driver’s driver’s driver’s driver’s driver’s driver’s driver’s driver’s driver’s driver’s driver’s statement without authority, and exercised it by presenting it to the police officer E.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police suspect interrogation protocol against the accused;
1. Entry in and existing statement of the circumstances of the drinking driver;
1. To make an inquiry into the results of crackdown on drinking driving and make an investigation report (to hear D phone statements);
1. Previous records of judgment: Application of Acts and subordinate statutes stated in criminal records, repeated statements and investigation reports;
1. Relevant provisions of relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a punishment (the point of driving sound and the choice of imprisonment), Article 239 (1) of the Criminal Act (the point of private signature) and Article 239 (2) and (1) of the Criminal Act (the point of exercising a false investigation signature);
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply mutatis mutandis;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount is that the defendant was punished for a drunk driving, and the period of one year has not elapsed after the defendant was punished for a drunk driving.