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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 11, 2018, under the influence of alcohol content of 0.077% in blood without a driver's license, the Defendant driven a bndro ju apartment road located in B, Ireland, and proceeded with about 100 meters in front of the 850-day three-dimensional apartment path in Asan City, Asan City, by driving a car with alcohol content of 0.07% in blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 62-2 of the Social Service and Order to Attend Education Act, Article 59 of the Act on the Protection, Observation, etc. is a very dangerous crime that may raise the possibility of traffic accidents and may cause unexpected behaviors to the life and family of himself/herself as well as other persons. In order to prevent such crimes, even if there is a very dangerous crime, the defendant is bound to bear strict responsibility for the relevant acts. Although the defendant was punished by a fine on June 2016 due to a drinking accident, the crime of this case was committed even if he/she had the record of the suspension of the execution of a sentence, the suspension of the execution of a sentence of a fine, a fine on around 2015, and a non-licenseing driving, even if he/she had been sentenced to a fine on the same day, the crime of this case was committed by the defendant, and the above traffic accident itself is minor, and other circumstances revealed in the records and arguments of this case.