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A defendant shall be punished by imprisonment for four 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 October 13, 2013, at around 20:40, the Defendant driven a cnish-do car with a blood alcohol content of about 0.110% while under the influence of alcohol without a driver’s license, from around 20:50 on the front of the Defendant’s residence located in Seoyang-gu B apartment 202 on the same day to the front road located in the same 168-4 located in the same day.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report and a report on the actual status of the driver;
1. Application of the statutes on the register of driver's licenses;
1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (the punishment imposed for a violation of the Road Traffic Act which exceeds the penalty);
1. Selection of imprisonment with prison labor chosen;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the consideration that the defendant is against his/her will);
1. Article 62 (1) of the Criminal Act (limited to the case of previous convictions of fines);
1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;