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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 December 10, 2014, around 08:40 on December 10, 2014, the Defendant driven a motor vehicle with a blood alcohol concentration of 0.154% under the influence of alcohol without obtaining a driver’s license from the Do in front of the port frequency of the port where the flowers-si, Gyeonggi-do is located, Namyang-do to the 512 Jinnam-nam-ro, Nam-do, Namyang-do, Jin-gu, Seoul, and the front road of the 512 YI.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Application of the statutes on the register of driver's licenses;
1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. The defendant, for the reason of sentencing of Article 62-2(1) and proviso to Article 62-2(2) of the Criminal Act, committed the crime of this case during the period of probation, and the defendant has the same criminal records.
However, within 10 years, the defendant has been punished once and once for driving without a license, and this is each second crime (the third crime even if the defendant was under the influence of alcohol at the time of the crime of a driving of a driving vehicle). The defendant seems to involve a difficult situation when he supports his mother when he is under custody, and the defendant is going against and not to repeat the crime.