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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 16, 2016, the Defendant, without obtaining a driver’s license, driven a car in B the B test at approximately 5km section from around 101 to around 101 in the city culture from around 19:30 to around 101, while under the influence of alcohol concentration of 0.280% in blood.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspect C by the police;
1. Written statements related to D traffic accidents;
1. Report on the occurrence of a traffic accident, report on the occurrence of a traffic accident, report on the circumstances of the driver involved in the driving, report on detection of the driver involved in the driving, and the ledger of
1. Application of the photographic Acts and subordinate statutes;
1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
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 (The following favorable circumstances):
1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order lies in the criminal records of fines of two times for the same kind of crime; since long after the same crime was committed, each of the crimes of this case was committed; the blood alcohol concentration was limited to 0.280%; the Defendant exceeded the driver’s seat immediately after the crime was committed; and the Defendant was on board.
Considering the fact that C has been seated, the nature of the crime is very bad and the risk of recidivism is high.
However, in light of the fact that the Defendant appears to have led to confession and reflect on each of the crimes in this case, there is no punishment imposed in excess of the fine due to the same kind of crime, the damage caused by each of the crimes in this case is not significant, and most of the damage seems to have been recovered, and other circumstances under Article 51 of the Criminal Act, etc., the sentence shall be determined as per the disposition and the suspended sentence shall be sentenced only once.