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A defendant shall be punished by imprisonment 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 August 11, 2014, at around 02:30, the Defendant driven B-owned car with blood alcohol concentration of 0.081% while under the influence of alcohol without obtaining a driver’s license from the street room in front of the 168-dong 168, Seongdong-gu, Gangnam-gu, Seoul to the street on the same 191.
Summary of Evidence
1. Defendant's legal statement;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes to a report on detection of a host driver;
1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Voluntary imprisonment with labor (applicable to the same kind of crime);
1. Article 62 (1) of the Criminal Act (including the fact that there is no criminal record of suspended sentence of imprisonment or more, and the fact that it is against the will of committing a crime);
1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;