A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On December 5, 2011, the Defendant received a summary order of KRW 5 million from the Seoul Western District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking driving), on August 30, 2013, a summary order of KRW 4 million due to the same crime in the Seoul Eastern District Court, and on December 8, 2016, a summary order of KRW 5 million was issued from the Seoul Western District Court to the same offense.

1. On July 16, 2018, the Defendant: (a) was driving a DNA car with a alcohol content of at least 0.131% while under the influence of alcohol without obtaining a driver’s license from the front side of Dongdaemun-gu Seoul to the front side of Gwangjin-gu Seoul, Seoul; (b) around 22:00 around July 16, 2018.

As a result, the Defendant violated the prohibition of drinking at least twice, and driven a motor vehicle while under the influence of alcohol without obtaining a driver's license.

2. Around 23:00 on July 16, 2018, the Defendant: (a) placed at the traffic investigation team office in the Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu Police Station as if the Defendant’s birth E; (b) placed the completion in the body as if he was the Defendant’s birth E; and (c) placed the body in the body of the driver’s circumstantial statement report column on the driver’s statement column of the main driver’s circumstantial statement report; (d) placed the name “E” in the name column; and (e) placed the seal on the name side; and (e) delivered it to the Seoul Gwangjin-gu Police Station F of the Seoul Special Metropolitan City and its police officer G.

Accordingly, the Defendant forged and exercised E’s signature for the purpose of exercising the right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Records of the measurement of drinking alcohol and the ledger of driver's licenses;

1. Application of Acts and subordinate statutes to the actual investigation report on traffic accidents;

1. Article 148-2 (1) 1, 44 (1), Article 152 subparagraph 1, and 43 of the Road Traffic Act, Article 239 (1) and (2) of the Criminal Act;

1. Article 40 or 50 of the Criminal Code of Commercial Concurrent Crimes. Article 40 or 50 (Punishment for Permissible Driving of Drinking, Between Non-licensed Driving, and Punishment for Driving of Liquefied Petroleum);

1. Imprisonment with prison labor for choice of punishment;

1. Article 37 of the Criminal Code aggravated concurrent crimes;