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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On July 15, 2018, the Defendant violated the Road Traffic Act (driving without a license) on violation of the Road Traffic Act (driving without a license), driving a Ftdon XG car with approximately 0.124% alcohol concentration in blood alcohol while under the influence of alcohol without obtaining a driver’s license from the front of the Defendant’s residence in the window C of Changwon-si, a around 1km through the same Gu D Day to the same Gu E-Road.
2. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the limit of his sojourn status and period.
The Defendant, as a Chinese national foreigner, entered the Republic of Korea with the status of stay (C3-2), such as organization tourism on April 12, 2014, and stayed from that time until July 15, 2018, even though the period of stay expires on May 12, 2014.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement of the police statement related to G;
1. A report on the occurrence of a traffic accident and a report on a traffic accident;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. A report on the detection of a primary driver;
1. Accusation of an immigration offender at a request of an investigative agency;
1. Application of Acts and subordinate statutes to photographs of damaged vehicles and damaged vehicles;
1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 94 subparagraph 7, and Article 17 (1) of the Immigration Control Act (the point of sojourn in excess of the period of sojourn) concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the fact that the defendant makes a confession against his mistake, the defendant has no record of criminal punishment after his entry into Korea, and the defendant appears to be forced to depart from Korea when this judgment becomes final and conclusive);