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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 7, 2015, the Defendant driven a car under the influence of alcohol concentration of 0.103% in blood without obtaining a driver’s license from the car parking lot located in the ropo-si of Gangseo-si, the Seoul Special Metropolitan City to the home flusing road located in the same city-ro 2120 from the car parking lot to the home flusing road located in the same city-ro 2120.
Summary of Evidence
1. Statement by the defendant in court;
1. The actual investigation report on traffic accidents;
1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;
1. Application of statutes, such as the ledger of driver's licenses;
1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures: To prevent repeated crimes, even though there have been several historys of punishment due to drinking driving or non-licensed driving. Do favorable sentencing factors: recognition of one’s mistake and reflectivity. Do and other sentencing conditions under Article 51 of the Criminal Act are integrated into consideration and set the sentence as ordered.