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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 17, 2013, at around 00:35, the Defendant, without a driver’s license, driven a vehicle of approximately 1.5 km at C kndo from the parking lot of “marromoel” located in the Nam-gu, Ulsan-gu, Ulsan-gu, Seoul-do with a blood alcohol content of 0.159%, to the third distance of the fire fighting department located in the same Kusan-dong on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. The police report (1) (1) Any traffic accident report;
1. Photographs related to accidents;
1. A report on detection of a police driver;
1. Application of Acts and subordinate statutes to the driving license ledger;
1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act and Articles 152 (1) and 43 of the same Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the violation of the Road Traffic Act due to the crimes of violation of each of the above Road Traffic Act and the heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2(1) of the Criminal Act on probation and order to attend a lecture is that the Defendant has no license to drive a motor vehicle. However, since the Defendant was found to have been sentenced to a fine due to drinking driving and was sentenced to a fine, he/she again makes the instant drinking driving a motor vehicle and thereby making the
However, since there is a high risk of recidivism, the execution shall be suspended once in consideration of the fact that the previous departments of the same year, and the probation and the order to attend a compliance driving lecture shall be determined by adding it to the order.