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A defendant shall be punished by imprisonment for not less than eight 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
On April 6, 2014, at around 22:25, the Defendant driven B Poter Ⅱ while under the influence of alcohol without obtaining a driver’s license, from around 3 kilometers from the front of the live market in the Northern-dong in Daegu-si to the front of the Dong-dong in Daegu-si, Dong-gu, Daegu-si, to the front of the Dong-dong in the same Dong-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking alcohol driving, the report on the actual state of drinking drivers, and electronic documents;
1. Application of Acts and subordinate statutes concerning driver's license inquiry;
1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant was punished on several occasions due to drinking or non-licensed driving on July 11, 2013, and the Defendant again committed the instant crime while receiving a fine on July 11, 2013.
However, the sentencing data revealed in the oral proceedings, such as the defendant's age, character and behavior, environment and previous conviction, such as the fact that the defendant reflects the defendant's mistake in depth and the degree of drinking driving is not high, shall be determined like the order.