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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
The Defendant, without a driver’s license, was under the influence of alcohol level of 0.108% while driving a car with B 3K distance from around 47 km-ro to the same city, from the public parking lot located in the corner-dong of Changwon-si around February 25, 2018 to the same city, from around 16:03 to the same city, at around 47 km-ro.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 148-2 (2) 2, Article 44 (1), subparagraph 1 of Article 152 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. Imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The former sentence of imprisonment with prison labor for one year: The occurrence of traffic accidents, high blood alcohol concentration, accumulated records of punishment, etc.; the grounds for mitigation of punishment, such as the occurrence of traffic accidents; the confession, etc.;