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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On August 20, 2008, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Cheongju District Court on April 26, 2010, a fine of KRW 2.5 million due to a violation of the Road Traffic Act (driving) at the same court on April 26, 201, and a fine of KRW 8 million due to a violation of the Road Traffic Act (driving) at the same court on April 9, 2014.
[Criminal facts]
1. On October 10, 2016, the Defendant was driving a BS-type car under the influence of alcohol concentration of about 0.206% while under the influence of alcohol level 0.206%, without obtaining a driver’s license, from the front side of an official vehicle in front of the “Korea Air Force Academy,” located in the south-gu area of the Cheongju City, a considerable amount of 172 Cheongju City, from the front side of the “Korea Air Force Academy,” which is located in the south-gu, Cheongju City, a Cheongju City.
2. On October 10, 2016, the Defendant: (a) around 20:40 on the Cheongju-si, a considerable amount of 160 amam-ro 7, Cheongju-si; (b) was investigated on the charge of drinking, such as Paragraph (1) within the Yongsan-gu, a police station equivalent to the Cheongju-ro 160 am-ro 7, Cheongju-si; (c) was requested by C to check the report on detection of drinking, and to sign and affix a seal on the vehicle column of the Cheongju-si Police station, and the above report was cut in his/her hand.
As a result, the defendant damaged the detection report of the main driver, which is a public document, thereby impairing its utility.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement of the circumstances of the driver involved in driving;
1. A written consent to blood collection and a written appraisal of alcohol during blood transfusion;
1. The driver's license ledger;
1. Images to take the CCTV images of the amambrance;
1. Domestic investigation report (investigation into damage to a statement report on the circumstances of a driver who takes charge of domestic investigation);
1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (referring to the filing of the same criminal records and summary orders);
1. Article 141(1) of the Criminal Act (a point of damage to public documents) and Article 148-2 of the Road Traffic Act concerning criminal facts.