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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 5, 2017, at around 13:36, the Defendant driven CK7 car under the influence of alcohol content of about 0.052% without obtaining a driver’s license from around the front of the Defendant’s house located in B, and from around 7 km-gun, Pyeongtaek-gun’s rejection distance, from around 13:36, the Defendant driven CK7 car in the influence of alcohol without obtaining a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking alcohol and the application of statutes to computerized data (the driving license ledger, inquiry into the grounds for disqualification of the main office, tea inquiry, and insurance inquiry);
1. Subparagraph 1 of Article 152 of the Road Traffic Act, Articles 43 and 148-2 (2) 3 and 44 (1) of the same Act concerning facts constituting a crime;
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. Taking into account the following circumstances: (a) the Defendant’s reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order to attend lectures recognized and reflects the instant crime; (b) there was no record of punishment exceeding the fine due to the same kind of crime; and (c) the alcohol concentration in the blood during the instant crime is relatively low.