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A defendant shall be punished by imprisonment for six 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 May 4, 2019, at around 23:30 on May 4, 2019, the Defendant driven an FK5 car under the influence of alcohol with approximately 680 meters alcohol concentration 0.175% while under the influence of alcohol without obtaining a driver's license for a vehicle driving on May 5, 2019, through the roads in front of the E Bank building located in Daejeon Jung-gu, Daejeon, through the roads in front of the E Bank building located in Daejeon-gu. D.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements and investigation report of the employee (the circumstantial report of the employee)
1. Inquiry into the result of the crackdown on drinking driving;
1. Application of the statutes on the register of driver's licenses;
1. Article 148-2 (2) 2, Article 44 (1) (a point of a sound driving), Article 152 subparagraph 1, or Article 43 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.
Unfavorable circumstances: around 2018, the defendant has been punished once by a fine for violation of the Road Traffic Act (unlicensed Driving).
around 2017, the defendant was subject to juvenile protection disposition twice due to the violation of the Road Traffic Act (unlicensed Driving).
The favorable circumstances: The mistake is recognized.
The driving distance is short.