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A defendant shall be punished by imprisonment for not less than eight 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 September 7, 2016, the Defendant was under the influence of alcohol level of 0.096% among the blood transfusion around 23:11, and without obtaining a driver’s license, the Defendant driven a C Poter truck at a level of 3km from the front day of the ship leader in the Geumcheon-gu, Geumcheon-si, Geumcheon-si, Seoul, to the front day of the alleydo-do-do-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;
1. Notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative imprisonment with prison labor (the existence of the record of punishment for the same kind of crime several times, and the effect of punishment has been lost by special amnesty, but the amount of recidivism and blood alcohol is not low);
1. Article 62 (1) of the Criminal Act (the fact that the defendant's age and health are not good, the fact that the defendant's health is contrary, and the vehicle is disposed of);
1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;