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A defendant shall be punished by imprisonment with prison labor for up to 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 August 5, 2015, the Defendant driven a BMW 750 vehicle under the influence of alcohol level of 0.056% while under the influence of alcohol level of 0.056% in blood without a vehicle driver's license from around 136, Dong-gu, Dong-si, Dong-si, 136 Agricultural and Fishery Market to the front road of Chang High School, 339, Wang-ro, 50 meters in front of the same Si-si.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on detection, a report on the circumstances of driving without a license and a report on the circumstances of the driver of the State;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes governing alcoholic content appraisal among blood;
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 imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Automobiles are convenient means of transportation. However, since motor vehicles are dangerous goods that may change with lethal weapons, a person operating a motor vehicle is obliged to obtain a license and pay attention to operating a motor vehicle under normal conditions. However, the circumstances favorable to the defendant who committed each of the instant crimes of the same kind even if he/she was punished by drinking or driving without a license on several occasions: The defendant's mistake is divided and contradictory to his/her age, sexual behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime are committed, etc., and the punishment shall be determined as ordered by the text, taking into account the sentencing conditions shown in the arguments, such as the defendant's age, sexual behavior, environment, motive, means