Text
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 August 17, 2016, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drawing driving) (drawing without a driver’s license) driven B rocketing car with alcohol content of 0.133% in blood while under the influence of alcohol at around 22:30 on August 17, 2016, and driven a approximately 700 meters away from the south-gu Incheon, Han-ro 464, Han-ro, Han-ro, 464, a 14-way road.
2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;
Nevertheless, the Defendant operated the said rocketing car not covered by mandatory insurance at the time and place specified in paragraph 1.
3. On August 17, 2016, at around 23:26, the Defendant: (a) received a demand for drinking alcohol measurement from E, a police officer affiliated with D District Unit of the Incheon Southern Police Station D District of the Seoul Southern Police Station after driving, and (b) took place without authority for the purpose of exercising, as if he was the Defendant F, as the Defendant was the Defendant’s figure in the driver’s name column of the report on the circumstances of the driver’s statement; (c) signed the said F’s name on his name and forged the above F’s signature; and (d) submitted the forged document to the said E as if it was duly formed.
Summary of Evidence
1. Statement of the defendant in the second public trial records;
1. A written statement;
1. The circumstantial statement of the driver at the main place of business (in case of cotton No. 13 of the investigation records);
1. The ledger using the measuring instruments for drinking;
1. Registers of driver's licenses (the investigative records No. 32, 33 pages);
1. Application of Acts and subordinate statutes regarding mandatory insurance;
1. Article 239 (1) of the Criminal Act (the point of signing a private signature), Article 239 (2) and Article 239 (1) of the Criminal Act (the point of exercising the above investigation signature), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the crime;
1. The Commercial Concurrent Crimes Act.