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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On August 31, 2011, the Defendant was sentenced to a summary order of KRW 2 million by the Seoul Central District Court for the violation of the Road Traffic Act, and on October 23, 2012, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and for the violation of the Road Traffic Act.
1. On May 12, 2013, the Defendant, while under the influence of alcohol at around 08:33, the blood alcohol concentration of 0.139%, was driven by the Defendant from the road near the main station of “Korea-Japan-dong, Gangnam-gu, Seoul, under the influence of alcohol at around 0.139%, to the road front of the Gangnam-dong, Gangnam-gu, Seoul, for approximately 1km from the road near the main station of “Korea-Japan-dong,” located in the same Gu-dong, to the road front of the distance of the river in the same Gu-dong.
2. At around 09:05 on May 12, 2013, the Defendant responded to a drinking test at the Seoul Gangnam-gu Seoul Gangnam Police Station Traffic Investigation Office’s office, Gangnam-gu Seoul, Seoul, and then, in the statement on the circumstances of the drinking driver, the Defendant forged the part of the driver’s circumstantial statement, which is a private document on the certificate of fact, on the driver’s name, stating “D” in the driver’s column stating “I, as the person whose license was cancelled, confirm that the above contents were identical to the facts, and, if recognized and unjust as a result of the measurement, sign I would not want to collect blood.”
3. The Defendant, at the time and place specified in Paragraph 2, submitted to the E-districtF affiliated with the Seoul Gangnam Police Station E-gu Seoul Gangnam Police Station, a falsified driver report as if it were duly formed.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of control details (13 pages of investigation records) prepared by the F;
1. Descriptions of the report on detection of the driver and the report on the circumstantial statement of the driver; and
1. A counterfeited description;