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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 2, 2018, the Defendant: (a) driven an Eststun vehicle under the influence of alcohol concentration of 0.139%, without obtaining a driver’s license from the front of C, located in the voice group B, Chungcheongbuk-gun, to the front of D, and without obtaining a driver’s license from around 2km section, from around 0:35 to the front of D.
Summary of Evidence
1. Statement by the defendant in court;
1. An accident scene photograph;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. A survey report on actual conditions;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 148-2 (2) 2, 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 imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The punishment shall be determined in light of the record of protection, community service order, and order to attend a lecture for the reason of sentencing under Article 62-2 of the Criminal Act, the majority of the previous drivers of drinking alcohol, the summary order due to driving without a license, and the drinking without a license. The punishment shall be imposed in order to prevent recidivism, taking into account the alcohol concentration in blood, the period of recidivism, the circumstances leading to driving without a license for drinking alcohol, the record of the crime, the circumstances after the crime, and other sentencing conditions, and the probation