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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
Criminal facts
The Defendant, without a driver’s license, was under the influence of alcohol content of 0.161% in blood, driven C car at a section of about 20 K km from June 28, 2016 to the road in front of the non-point in the Chang-si, Chang-si, Chang-si, Chang-si, Chang-si, Masan-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement, written statement, report on the circumstances of driving a driver driving, inquiry of the results of crackdown on driving of alcohol, notification of the results of crackdown on driving of alcohol, and the register of driver's licenses;
1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (Attachment to the same paper case);
1. Driving under the relevant legal provision of alcohol for a crime: Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the same Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of an alternative imprisonment with prison labor (in consideration of the defendant's alcohol driving record and alcohol concentration in his/her blood, non-holding of driver's license for motor vehicles, and other punishment records, etc.);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;