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A defendant shall be punished by imprisonment with prison labor for four 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 April 19, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle at around 22:20, driven a motor vehicle B in the section of about 50 meters from the front of the Seo-gu Standing District to the CGV front road located in the same Gu, under the influence of alcohol level of 0.181%.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Application of Acts and subordinate statutes to inquiries into driving license registers;
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The defendant's records of punishment for the same crime for sentencing under Article 62-2 of the Criminal Act (in 2001, one time with drinking alcohol driving in around 2001, two times with no license driving in 2004 and 2010), driving distance, alcohol concentration in blood, and other defendant's age, sex, sex, environment, health conditions, circumstances after the crime, etc. shall be comprehensively taken into account and all the sentencing conditions specified in the arguments in the instant case, such as the defendant's age, sexual behavior, environment, circumstances after the crime, and circumstances after the crime.