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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
1. On August 12, 2013, the Defendant, without a driver’s license of a car, driven the BM5 car to a Rain apartment parking lot located in the Yandong-dong of Gwangju Mine-gu, Gwangju, in the state of alcohol of 0.166% of blood alcohol content without a driver’s license of a car on August 12, 2013.
2. On October 29, 2013, the Defendant, without a car driver’s license on October 29, 2013, driven a car of about 6 km by driving a car rental car from the Lin apartment parking lot located in the Gagdong-dong, Gwangjubuk-gu, to 79 km in the direction of the west-gu, Gwangju.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes to the ledger of driver's licenses and the report on circumstantial statements of drivers;
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 (limited to the crimes of violation of the Road Traffic Act on August 12, 2013 and the crimes of violation of the Road Traffic Act) of the ordinary concurrent crimes;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) the accused has a record of being punished for drinking, driving without a license, and (b) the accused has been exposed to drinking or driving without a license on August 12, 2013; and (c) the sentence shall be determined as per the order, taking into account the fact that he/she conducted driving without a license on October 29, 2013,