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A defendant shall be punished by imprisonment with prison labor for up to six 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
The defendant is a driver of a vehicle B for riding a horse.
1. On September 1, 2018, the Defendant driven the said vehicle from the road adjacent to the Gwangju Mine-gu C without a driver’s license to the high-tech class located in the same Kusan-dong, from the road adjacent to the same Kusan-dong without a driver’s license, while under the influence of alcohol leveling 0.07% from around 06:15 on September 1, 2018.
2. An offender also calls to a person who is involved in drinking and has no driver's license at the same time and place as that set forth in the preceding paragraph.
N. D. L. L. driving instead of driving, ...., ..... ..... .... .... ..... ..........
And D, according to the direction of the above defendant, around 07:40 on the same day, stated that it would drive the defendant's vehicle at the E District of the Gwangju Mine Police Station E District, and that it would be true that it would drive the defendant'
As a result, the defendant instigated D to escape the defendant from the person who committed a crime corresponding to a fine or heavier punishment.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspects of D;
1. A report on the detection of a primary driver;
1. Application of Acts and subordinate statutes to the Motor Vehicle Driver's License Register (A);
1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) and Articles 151 (1) and 31 of the Criminal Act concerning the facts constituting an offense;
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 fact that there was a history of punishment of a fine once due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, and even though the driver's license was revoked due to driving under drinking, the driver's license has not been revoked, two months have not passed since the date of revocation of the driver's license.