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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 two years from the date of the final judgment.
Reasons
Punishment of the crime
On June 19, 2015, at around 03:30, the Defendant driven a D-do motor vehicle under the influence of alcohol concentration of about 0.242% without obtaining a driver's license in a section of about 300 meters from the front day of the Han Pungdong, Seongbuk-si, Sungnam-si, to the front day of 03:37 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of the driving of a motor vehicle;
1. A report on the detection of a host;
1. Degree of drinking alcohol measurement;
1. Application of the statutes on the register of driver's licenses;
1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;