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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 21, 2015, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drawing without a license) driving a B-hurbed car with approximately KRW 50 meters of alcohol content 0.137% while under the influence of alcohol without the driver’s license, from the framework of a church adjacent to the farm site located in the Gu-U.S., Si/Gu-Si, Si-S., to the church and the road following the farm site.
2. The Defendant: (a) forged a private document; (b) at the time, at the place specified in the preceding paragraph; (c) controlled drinking driving by a slope D belonging to the former police station C District D; and (d) demanded that the Defendant sign and affix a seal on the driver’s circumstantial statement submitted by the former police station C District D; and (c) stated the said report as “E” in the driver’s name column of the said report as he/she was his/her birth E; and (d) forged the report on the driver’s circumstantial statement in the name of E, a private document pertaining to the fact-finding without authority for the purpose of signing and exercising the subsequent signature; and (e) submitted it to the said D as if he/she were duly constituted the falsified driver’s circumstantial statement report.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of regulating driving of alcohol, reporting on the circumstances of driving of alcohol, and the register of driver's licenses;
1. Entry of the statement on the circumstances of drivers who are to be placed and application of the statutes;
1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act on the Traffic of Roads (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 231 of the Criminal Act (the point of driving private documents) and Articles 234 and 231 of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing in Article 62-2 of the Criminal Act is that the defendant was punished several times for a violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed driving).