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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around 02:00 on March 19, 2015, the Defendant driven a motor vehicle for Einti vehicle without obtaining a driver’s license from the front side of the “C” restaurant located in Daegu Suwon-gu B to the front side of the D District Unit of the D Zone of the Suwon-gu Police Station located in Daegu Suwon-gu B, and without obtaining a driver’s license from around 300 meters.
2. On March 19, 2015, from around 02:00 to around 02:33, the Defendant was required to comply with a drinking test in a manner of inserting alcohol measuring in a breath of the Daegu Suwon-gu Police Station D District District, where the Defendant had been driving under the influence of alcohol, such as making a red and smelling of the Defendant’s face from F in the situation where the said D District was affiliated with the D District, and making a heavy snow, etc.
Nevertheless, the Defendant, while stating that he was not a proxy engineer, did not go against the request for the measurement of alcohol by a police officer without a justifiable reason, by avoiding it in a manner that does not put the whole in a drinking measuring instrument.
Summary of Evidence
1. Defendant's legal statement;
1. Report on actions taken against an employer, and report on the status of an employer-employed driver;
1. The General of Driver's Licenses (A);
1. Application of Acts and subordinate statutes on investigation reporting;
1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusal of measurement of noise), and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (i.e., confession, reflector, the sale of a driver's vehicle, or a criminal record of suspended execution or more);
1. Probation, order to attend lectures, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;