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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 19, 2014, around 23:45, the Defendant driven a Chump motor vehicle with approximately KRW 300 meters alcohol level 0.158% under the influence of alcohol level 0.158%, without obtaining a driver’s license, from the front road of the “Yyang Fire Station,” which is located in the Goyang-gu Seoyang-gu, Seoyang-gu, Seoyang-gu. to the front road of the “Yyangyang-gu” in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Application of Acts and subordinate statutes concerning driver's license inquiry;
1. Relevant provisions of Article 148-2 (2) 2, 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 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was not aware of having been sentenced to a fine due to the power similar to the same kind of drunk driving or unlicensed driving, etc. before the lapse of the period, and that the crime of this case was committed again and the blood alcohol concentration is high, etc.
Provided, That the execution shall be postponed only once in consideration of the fact that the defendant has not been subject to punishment for suspension of qualifications or heavier punishment, and that he/she has made a confession and reflected.
It is so decided as per Disposition for the above reasons.