A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 21, 2014, the Defendant received a summary order of KRW 5 million from the Busan District Court due to a violation of the Road Traffic Act (refluence of measurement).

1. On September 21, 2020, the Defendant driven a Dama vehicle under the influence of alcohol without a driver’s license at a section of approximately 105 meters from the front of the Dong-gu Busan to the front of the road of the same Gu, from around 22:55 on September 21, 2020, while driving a Dama vehicle without a driver’s license.

As a result, the Defendant, in violation of the prohibition of drunk driving more than twice, driven a motor vehicle while drunk, and operated a motor vehicle without obtaining a driver's license.

2. Illegal uttering of official document was demanded to present an identification card from an assistant F for a police box belonging to the Busan Dong-dong Police Station, which was called out after receiving a report that the vehicle suspected of drinking on the road in front of Busan Dong-gu, Busan, was shocked by other vehicles, at the time and time stated in paragraph (1).

In this regard, the defendant presented F the resident registration certificate of Dong G under the name of the head of Nam-gu Busan Metropolitan City, which is an official document in possession, as if the defendant was the resident registration certificate of the defendant.

Accordingly, the defendant did not use official documents.

Summary of Evidence

1. Before the defendant's legal statement, his/her oral statement, his/her identification card, and his/her previous record on the register of driver's licenses: Application of Acts and subordinate statutes of the investigative report (interpellation

1. Relevant provisions of Article 148-2 (1), Article 44 (1) and (2) of the Road Traffic Act (the point of sound driving), Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 of the Road Traffic Act, Article 230 of the Criminal Act concerning the facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentencing of Article 62-2 of the Criminal Act on the suspension of execution under Article 62(1) of the Criminal Act.