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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 June 5, 2016, the Defendant: (a) around 21:47, the Defendant driven a C low-speed car under the influence of alcohol concentration of 0.217% while under the influence of alcohol at around 0.217%, without obtaining a driver’s license in a section of about 1km from the side headline of the Dongcheon-si, Jungcheon-ro, 13-ro to the front road.
Summary of Evidence
1. Statement by the defendant in court;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;
1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):
1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Provide community service and attend lecture have been punished several times in the past, and the defendant has a high alcohol level during the blood of this case, etc., and the defendant is at the time of and reflects his/her criminal act, and the favorable circumstances, such as the defendant's age, family environment, motive for the crime, circumstances after the crime, etc., are considered and judged as above.