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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 October 30, 2015, at around 21:35, the Defendant driven a vehicle B without obtaining a driver’s license, from around 50 meters away from the road near the mutual influent restaurant located in the Nam-si, Namyang-si, Gyeonggi-do to the extent that it is under the influence of alcohol with approximately 0.151% of alcohol content among blood, from around 50 meters to the road in front of 27 days.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting on detection;
1. Report on the circumstances of driving under the liquor:
1. Application of Acts and subordinate statutes to a driver's license;
1. Article 148-2 (2) 2 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 on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and the order to attend a lecture, is a convenient means of transport. However, since the dangerous article that can be inferred by a deadly weapon, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in normal circumstances.
In particular, drinking driving may lead to a large accident, and in light of the risk, there is a great need for strict punishment.
However, there is no record of punishment that the defendant has been punished for a fine exceeding the same kind of crime, and the sentencing conditions of the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, etc., such as the defendant's age, sex, environment, family relationship, motive, means and result of the crime, etc.