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A defendant shall be punished by imprisonment for not less than eight months.
except that 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 August 13, 2016, the Defendant was under the influence of alcohol of 0.110% on blood alcohol level around 22:20% on August 13, 2016, and without obtaining a driver’s license, driven the C Launa car at approximately 200 meters from the front day of 7080 Jeju Northern Zone located in the northwest-dong, Gun, Jeollabuk-do, Jeollabuk-do.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Application of Acts and subordinate statutes concerning driver's license inquiry;
1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Although the defendant, who has been punished for driving under the influence of alcohol for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, has a negative condition on the part of the defendant, such as that the crime was committed under the influence of alcohol without a license, and in particular, drinking driving is deemed to be a large accident by driving under the influence of considerable influence and physical exercise ability, and may cause serious harm to unspecified people, and thus, there is a significant risk to do so. However, the defendant's mistake is recognized and against his/her own mistake, there is no record of being punished exceeding the fine for the same crime, and all other circumstances that form the conditions for sentencing, such as the age, character and conduct, and environment