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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 15, 2017, the Defendant, without obtaining a driver’s license, driven a C-A-hurbed car in the state of alcohol concentration of about 0.167% in the three minutes of alcohol in the middle of the ambling road of approximately 152 in the same ambling-dong, from the day before the ambato a ambi, in which it is impossible to identify the trade name located in the north-dong in Yangsan-si, Yangsan-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Application of the Act and subordinate statutes to the ledger of driver's licenses (15 pages of investigation records);
1. Driving under the influence of alcohol on the relevant criminal facts: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act without a license for driving under the same Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):
1. Normal circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the agreement was reached on confession, serious reflectivity, and traffic accidents (physical damage) and the mother whose health is not good;
1. Unfavorable circumstances: The fact that there is a previous traffic-related record, the alcohol concentration in blood is substantial, and the driver causes an accident while driving in a drinking state without a license.