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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 March 30, 2010, the Defendant received a summary order of KRW 2 million from the Incheon District Court to a fine of KRW 1,000,000,000 for a violation of the Road Traffic Act, from the Suwon District Court’s Ansan Branch on March 8, 2013 to a summary order of KRW 3 million for the same crime, and from February 20, 2014 to a fine of KRW 5 million from the Incheon District Court, respectively.
【Criminal Facts】
1. Around August 16, 2015, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) operated BM5 cars while under the influence of alcohol of about 0.12% without obtaining a driver’s license at the section of approximately 200 meters, from the Do in front of the non-cafeteria of the trade name in the Nam-gu Incheon Metropolitan Dong-gu, Incheon Metropolitan City, to the front road of the Incheon Confucian School located in 569, Nam-gu, Incheon.
2. The Defendant forged a private document, the use of a private document, and the use of the private document, was discovered by C from the superintendent of the police station belonging to the Seoul Southern Police Station in front of the Incheon Incheon Confucian School, and subsequently discovered to control drinking on the roads of the above Incheon Confucian School, and the name of D, the Defendant’s birth person, was stated and sealed in the column of the attendance commitment for the investigation
As a result, the Defendant, for the purpose of uttering, forged the report on the circumstantial driver’s statement and the promise to attend to investigate the case in the name of D, which is a private document related to rights and duties, and around that time, delivered each of the above documents to C as if they were genuinely formed.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Reports on the statement of the situation of each prime driver, reports on the entry of the prime driver, and written promise to attend for the investigation of cases;
1. Driver's licenses and chassiss;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, investigation reports (verification of the same records as A of a suspect);
1. Relevant laws concerning criminal facts, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (a point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 152 of the Road Traffic Act;