A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. Around September 5, 2016, the Defendant embezzled the lost driver’s license of a motor vehicle that the victim C lost in the south-gu Incheon Metropolitan City B, without following necessary procedures, such as returning the victim to the victim.

2. On September 21, 2016, the Defendant was under the influence of alcohol 0.132% ( blood collection) in blood while driving a DNA 2 truck without obtaining a driver’s license of a motor vehicle on September 21, 2016, and proceeds about 7km from the roads of the Jung-gu Incheon Metropolitan City to the front road located in Nam-gu, Incheon.

3. The Defendant’s unlawful uttering of official document was discovered by drinking driving in front of the F on the road above at the time specified in paragraph 2, and was requested to present an identification card for traffic at the Incheon Southern Police Station guard and for identification by the head of the police station affiliated with G to verify his identity, and the Defendant presented C’s driver’s license under the name of the Commissioner General of the Incheon Regional Police Agency, which was in possession of the same background as indicated in paragraph 1, as the Defendant, as if he were the Defendant.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against C;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Inquiries about the results of crackdown on drinking driving;

1. A report on investigation and a copy of C’s driver’s license attached thereto; and

1. The driver's license ledger;

1. Application of Acts and subordinate statutes governing alcohol appraisal among the blood;

1. Article 230 (Unlawful Exercise of Official Documents), Article 148-2 (2) 2 (driving of Drinking) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 (Unlicensed Driving) of the Road Traffic Act, and Article 360 (1) of the Criminal Act concerning the facts constituting an offense (a point of embezzlement of deserted articles in possession);

1. As between the crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes and the crimes of the Road Traffic Act (unlicensed Driving) as stated in the holding, the sentence is more severe.