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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
At around 22:55 on November 29, 2013, the Defendant, without obtaining a driver’s license, driven a Blue XG car with approximately 100m alcohol content of about 0.087% while under the influence of alcohol at around 3-1, Yongsan-gu Seoul, Yongsan-gu, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to driver's license inquiry reports and written appraisal of blood alcohol concentration;
1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. Although there are favorable circumstances such as the fact that the defendant's mistake is recognized and against the reason for sentencing under Article 62-2 of the Criminal Act, the fact that the drinking water in this case is extremely high, and the driving in this case does not cause any traffic accident, the defendant has been punished for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) on December 28, 2012, and all other circumstances constituting the conditions for sentencing, such as character, behavior and environment of the defendant, the punishment shall be