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A defendant shall be punished by imprisonment for not less than eight 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 November 22, 2014, at around 00:12, the Defendant, without a driver’s license, driven a C-learning car at approximately 400 meters away from the shooting distance from the Daesung Elementary School located in the Southern-gu, Gwangju to the front of the same Jin High School.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the prosecutor and the police accused;
1. The application of Acts and subordinate statutes, such as circumstantial reports on drinking drivers, driver's license inquiry reports, results of crackdown on drinking driving, reporting on the circumstantial statements of drinking drivers, enforcement manual, and written confirmations (Evidence Nos. 1, 2, 5, 6, 7, 8);
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;