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A defendant shall be punished by imprisonment for not less than eight 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 March 6, 2016, at around 23:55, the Defendant driven B Poter truck under the influence of alcohol leveling 0.111% without a driver’s license from around 15 meters to the front road of the same Ri station in front of the knific water restaurant, which is located in the knife of the voice department of Chungcheongbuk-gun, in front of the same Ri station.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of the results of regulating driving of drinking alcohol and the situation of the driver of drinking alcohol;
1. Application of Acts and subordinate statutes to inquiries into driving license registers;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant was issued a summary order on May 22, 2015 with respect to drinking and driving without a license on December 24, 2015; despite the fact that the defendant was under control by driving without a license on December 24, 2015, the risk of recidivism is high as of March 6, 2016; the defendant was driving the vehicle while holding the vehicle although he had not acquired a driver's license from the beginning; the defendant driven the vehicle while driving the vehicle; the blood alcohol concentration is relatively relatively favorable at the time of the instant crime; the defendant was recognized as committing the instant crime: The defendant is against the recognition of the instant crime and against the Defendant’s age, sex, environment, circumstances, means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence shall be determined as per the order.