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1. The defendant shall be punished by imprisonment with prison labor for ten months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant was punished by a fine of KRW 3 million at the Changwon District Court on February 7, 2013 and a fine of KRW 5 million at the Changwon District Court on June 17, 2013 due to the same crime, etc.
1. On December 30, 2013, the Defendant, while under the influence of alcohol 0.136% without a vehicle driver’s license, driven approximately 50 meters up to the front of the “discipular plaza” in front of the “discipated Parking Lot” located in the eudal of the window of the Changwon-si, Changwon-si, without a vehicle driver’s license.
2. The Defendant, at the time and time under paragraph (1) of the above paragraph, required a drinking test by pulmonary measurement by C from the process of the transportation control department of the Changwon Police Station, who is working for the control of drunk driving, and conducted a drinking test, and then the Defendant, who was requested by the above C to present his personal information, and the Defendant’s personal information, was missing.
Accordingly, the above C prepared a report on the situation of the driver's statement of D, and demanded the Defendant to sign in the driver's column of the above circumstantial statement report, and the Defendant signed the "D" and delivered it to the above police officer.
Accordingly, for the purpose of exercising authority, the Defendant forged the above D’s signature without authority, and exercised it to the above C.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. The circumstantial statement of a drinking driver, the report on detection of a drinking driver, the notification of the results of crackdown on a drinking driver, the inquiry into the results of crackdown on a drinking driver, the instrument for measuring a drinking driver and the circumstantial report of a drinking driver;
1. Registers, etc. of driver's licenses;
1. Notification of fingerprint comparison and appraisal;
1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;
1. Relevant statutory provisions of Article 239(1) of the Criminal Act (the point of Article 239(1) of the Criminal Act), Articles 239(2) and 239(1) of the Criminal Act (the point of exercising counterfeited private signature) concerning criminal facts, and Articles 148-2(1)1 and 44(1) of the Road Traffic Act.