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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
Punishment of the crime
On May 4, 2017, at around 11:55, the Defendant driven BTS125 Obama while under the influence of alcohol 0.132% while under the influence of alcohol without obtaining a driver’s license from around 100 meters from the road located in Kim Jong-si, Kim Jong-si to the front road of the “Obail Bank” located in 1356 as of the same city.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes on license ledger;
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In light of the fact that the reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had a record of six times punishment due to drinking driving or non-licensed driving, the case is not somewhat weak in light of the fact that the defendant again committed the instant crime.
However, in consideration of the fact that the defendant is against the crime of this case, the numerical value of alcohol concentration during the blood of this case, and other circumstances of sentencing as shown in the records and pleadings, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the sentence like the order shall be imposed.