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A defendant shall be punished by imprisonment for one year.
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 August 18:15, 2017, the Defendant driven the said car under the influence of alcohol content of about 0.210% from the 50-meter section from the public playground parking lot to the public playground parking lot in the same Dong without obtaining a driver’s license, and thereafter, the Defendant driven the said car under the influence of alcohol content of about 0.210% from the blood alcohol level from the above public playground parking lot to the front side of the said public playground, without obtaining a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. On-site photographs;
1. Response to a request for appraisal;
1. The driver's license ledger;
1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (the previous and confirmation);
1. Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (it shall be considered that the criminal records and one time have not been committed during the latest five years);
1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;