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Defendant shall be punished by a fine of five million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
The defendant is a person who drives a vehicle for the franchise.
1. Around October 2008, the Defendant embezzled, without reporting to the police, a “C” motor vehicle driver’s license, which is an official document in the name of another person, at the center of the Jin-dong Indu-gu Seoul Special Metropolitan City (Seoul), for the purpose of exercising the driver’s license.
2. On January 22, 2009, at around 02:22, the Defendant, without a driver’s license, driven approximately 4 km from the street in front of the Jinjin-gu Song-gu, Songcheon-gu, Songcheon-gu to the street of 10.10% of the blood alcohol content without a driver’s license, while under the influence of alcohol, 0.10% of the blood alcohol content.
3. The Defendant, upon receiving a report at the same date and time as referred to in paragraph (2) and at the same place, illegally performed the following activities by using a driver’s license under the above “C”, prepared in advance to request a presentation of identification card E belonging to the Jeondong Police Station D District Unit E, which is performing legitimate duties, such as regulating drinking driving
4. In order to be exempted from punishment at the same date, time, and place as in Paragraph 2, the Defendant committed the act as “C”, entered the vehicle in the driver detection report prepared by the above police officer as “C”, and forged a copy of a private document concerning the certificate of fact by affixing hand on the name, and presented it to the above police officer as if he was a document prepared in a genuine manner.
Summary of Evidence
1. Defendant's legal statement;
1. The ledger of driver's licenses and the report on detection of the driver's licenses (the second-class 86 pages);
1. A report on detection of a host driver (in the name of two pages, eight pages, and three pages);
1. Application of Acts and subordinate statutes to a report on investigation (related to photographs);
1. Article 150 Subparag. 1, Article 44(1) of the former Road Traffic Act (amended by Act No. 9580 of Apr. 1, 2009), Article 152 Subparag. 1, Article 43 of the same Act (amended by Act No. 9580 of Apr. 1, 200), Article 231 of the Criminal Act (amended by Act No. 2310 of Apr. 1, 200), Articles 234 and 231 of the Criminal Act (amended by Act No. 230 of Apr. 1, 200), Article 360 of the Criminal Act.