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The punishment of the accused shall be determined by ten months of imprisonment.
Reasons
Punishment of the crime
On November 17, 2014, the Defendant driven a Dom 520 vehicle under the influence of alcohol content 0.313% without a car driver’s license, under the influence of alcohol content 0.313% by the Defendant’s mother, who is in netcheon City C, from the front of his house to the top 54.2km of the Honam Highway, located in the Gero-Gun in the front of his house.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the result of crackdown on drinking driving;
1. Application of Acts and subordinate statutes to entry in the register of driver's licenses;
1. Article applicable to criminal facts;
(a) Point of drinking under the judgment: Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act;
(b) Point of driving without obtaining a license: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;
1. Formal concurrence and the choice of a punishment under Articles 40 and 50 of the Criminal Act (the punishment prescribed for a violation of the Road Traffic Act with heavier punishment and the choice of imprisonment);
1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do148, Apr. 21,