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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 December 4, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle around 23:31 on December 4, 2017, started from the roads around the Jinbuk-gu Seoul Special Metropolitan City, Jinbuk-gu, 11 (Jinbuk-dong), in the state of alcohol concentration of 0.114% during blood, and driven a two-hand vehicle up to the road prior to the “hin white-gu, 2A” located in the same city of 61 (Jinsan-dong 2A).
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes to the driving license ledger;
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 Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, had been punished for drinking or non-licensed driving on several occasions, while driving without a license or drinking alcohol.
However, in consideration of the fact that the defendant reflects his/her mistake, there is no history of crime exceeding the fine, and other various sentencing conditions shown in the records, the punishment as ordered shall be determined.