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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 1, 2014, at around 16:10, the Defendant driven a 300-wheeled Robbb (ATV) 4-wheeled Robb (ATV) from the 93rd road in the Seocheon-gun, Seocheon-gun, Seocheon-gun, Rural Village in Gangwon-do without obtaining a motorcycle driver's license under the influence of alcohol of 0.242%.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on the occurrence of a traffic accident;
1. A written appraisal of blood alcohol;
1. Application of the statutes on the register of driver's licenses;
1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act heavier than that of the punishment, and the choice of imprisonment);
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( Taking into account the same circumstances as the reason for discretionary mitigation);
1. The reason for sentencing under Article 62(1) of the Criminal Act (Consideration of both punishment) is to be determined and sentenced as ordered in consideration of the following: (a) there are extenuating circumstances in consideration of driving circumstances considering the Defendant’s high blood alcohol concentration in the instant case, the Defendant’s health condition, etc.; and (b) the Defendant was sentenced to a suspended sentence for October 1983 due to special larceny in addition to the suspended sentence for two years; and (c) the Defendant