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A defendant shall be punished by imprisonment for four 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 December 2, 2017, around 08:53, the Defendant driven CM5 vehicle under the influence of alcohol concentration of about 0.094% without obtaining a driver’s license from the 3km section in the same Dong from the Cheongdong-gu, Busan, to the 2nd tunnel in the same Dong-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
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 an alternative imprisonment with prison labor (on June 13, 2017, taking into account the fact that a person drives a motor vehicle while driving a motor vehicle on drinking on September 4, 2017, even though he/she had a record of being punished by a fine not exceeding six million won on September 4, 2017, while driving a motor vehicle,
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)
1. An order to attend a course under Article 62-2 of the Criminal Act;