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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 2, 2015, at around 01:29, the Defendant was a driver of a passenger car in the Spoty area B, and around February 2, 2015, the Defendant driven the said vehicle without obtaining a driver’s license in the state of alcohol concentration of 0.221% in the area of alcohol level from approximately 1 Km from the Dong-dong of Busan to the roads in front of the same hot spring 2 tunnel.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;
1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;
1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act, Articles 152 (1) and 43 of the Road Traffic Act, the choice of imprisonment for a crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (a period of suspension of execution shall be taken into consideration the fact that there is no record of being sentenced to imprisonment without prison labor or heavier punishment for the same crime before his/her employment);
1. Article 62-2 of the Criminal Act to provide community service or attend lectures;