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A defendant shall be punished by imprisonment for six 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
1. Around 22:40 on October 17, 2014, the Defendant driven a CFunna vehicle under the influence of alcohol level of 0.096% under the influence of alcohol level of 0.096%, without obtaining a driver’s license, from the injection of the right line at Suwon-si to the frontway of the FFstna vehicle.
2. When drinking control was conducted at the time and place specified in paragraph (1), the Defendant: (a) signed as if he was D in the notification of the results of drinking driving control (PDA); (b) signed as D in the report on the state of drinking drivers; and (c) signed as D in the report on the state of drinking drivers; and (d) submitted the forged signature to the Suwon Southern Police Station and the traffic of the Suwon-Nam Police Station and the police officer affiliated thereto, who knew of the forgery.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual status of a host driver;
1. Notification of the results of the drinking driving control;
1. Application of the statutes on the register of driver's licenses;
1. Relevant provisions of Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 239 (1) of the Criminal Act, Article 239 (2) and (1) of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor for a crime of violation of the Road Traffic Act in the option of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution under Article 62 (1) of the Criminal Act (limited to the suspension of execution of punishment by taking into account the fact that a person has been punished for refusing to measure alcohol once, driving under the influence of alcohol again even though it is not good that the person has committed a crime by driving under the influence of alcohol again, his/her mistake is divided, the fact that there is no special criminal record in addition to the fine, etc.);
1. Article 62-2 (1) of the Criminal Act to attend lectures;