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A defendant shall be punished by imprisonment for not more than ten 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 December 7, 2016, the Defendant was issued a summary order of KRW 1.5 million by a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) at Ansan Branch of the Suwon District Court on December 7, 2016, and a fine of KRW 4 million by the same court on October 26, 2018.
【Criminal Facts】
1. On December 15, 2018, the Defendant violated the Road Traffic Act (unlicensed driving and drunk driving) driving on the road in front of the C Hospital located in Heunging City B with a blood alcohol concentration of 0.088% under the influence of alcohol at around 00:47 on December 15, 2018, the Defendant driven a frash driver’s vehicle from the road in front of the C Hospital located in Heunging City B to the front road located in D in Siunging City.
2. On December 15, 2018, around 00:47, the Defendant: (a) requested a police officer G-gu in the Silung Police Station G, who was under the influence of alcohol to prepare a “ driver’s statement” report on the circumstances of the driver on the road in front of Silung-si; (b) stated “stop” and “I” in the “ driver’s statement” column with a black pen for the purpose of exercising the right; (c) signed by the police officer, who was aware of such circumstances.
Accordingly, for the purpose of exercising a certificate of fact, the defendant forged and exercised another person's document.
Summary of Evidence
1. Defendant's legal statement;
1. A statement concerning the preparation of H;
1. The circumstantial statement of the employee;
1. The ledger of driver's licenses;
1. Previous records of judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes to criminal investigation reports (compact of summary orders issued by suspect A for the same kind of power);
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;