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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
[criminal power] On September 19, 2014, the Defendant was issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) in the Seoggu District Court Support, and a summary order of KRW 3 million for the same crime at the Daegu District Court on June 9, 2016.
【Criminal Facts】
1. Around 04:05 on May 19, 2019, the Defendant driving a motor vehicle with B money tank with a blood alcohol concentration of 0.126% while under the influence of alcohol on the road for drinking felb on the store of the Daegu-gu merchants.
2. The Defendant, at the time and place specified in paragraph (1), forged a private document, and the Defendant, upon receiving a report on the existence of a person who drives a vehicle while drinking alcohol, and received a request from a policeman D to affix his signature on the report on the statement on the state of his driver at the police station C District of the month Police Station, and called out, the Defendant, without authority, forged the report on the state of his state of his state of his state of driver, which is a private document concerning the certification of facts by entering the name of E who is the Defendant in the column for confirmation of the driver of his state of his state of driver, and using the Defendant’s seal, submitted the forged document to the above policeman as if he were a genuine document.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. A written statement;
1. Report on the circumstantial statement of a drinking driver, inquiry into the control of drinking driving, the ledger of driver's licenses, vehicle accident inquiry, mandatory insurance, the ledger of driver's licenses, and family relation certificate;
1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; Articles 231 of the Criminal Act; the choice of imprisonment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;