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A defendant shall be punished by imprisonment for not more than ten 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 August 25, 2014, the Defendant, without obtaining a driver’s license at around 20:24, driving a UlsanB New EF rocketing car from approximately 5 km to the front road of the 462 high-speed stop located in the south-west-dong, 0.151% of alcohol level, at the time of residing in the influence of alcohol at around 0.151%, to the front road of about 1513-48, the same east-dong.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Application of the statutes on the register of driver's licenses;
1. Relevant provisions of Article 148-2 (2) 2, 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 of the Road Traffic Act and Articles 152 and 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. Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is imposed on a defendant for the reason of sentencing, but there is no record of being sentenced to a fine exceeding the fine. In addition, considering the defendant's age, character and conduct, character and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence shall be imposed as ordered in consideration of the sentencing conditions shown in the arguments of the case.