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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 8, 2013, at around 13:20, the Defendant driven a 800-meter section from the front of the Jindong Central Trackdong, Ulsan-gu, Ulsan-do to the front of the Jinsan-dong Central YMCA (hereinafter “YMCA”), with no driver’s license, the Defendant driven a D-wing and Ⅲ in the state of under the influence of alcohol concentration of 0.196%.
Summary of Evidence
1. Defendant's legal statement;
1. A written report from an employee of an employer;
1. Application of statutes, such as 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 Road Traffic Act concerning the facts constituting the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);
1. It is so decided as per Disposition on the grounds of probation, community service order, and lecture order under Article 62-2 of the Criminal Act (the imposition of a certain period of community service in order for a defendant to return to a sound member of society in view of the military records of the defendant