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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
Criminal facts
At around 20:40 on September 10, 2015, the Defendant, without a driver’s license, driven B Poter freight cars from approximately 70 meters from the front day of a living restaurant in Singukdong in Sinung-si to the front day of the agricultural road in the same Dong, while under the influence of alcohol content of 0.103%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;
1. Application of the statutes on the register of driver's licenses;
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 Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act shall be taken into consideration, such as the confession and reflection
1. It shall be so decided as per Disposition for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;