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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On July 21, 2016, the Defendant driven BNEW EF rocketing car under the influence of alcohol content of about 0.256% without obtaining a driver’s license in the section of approximately 3.8km from the mutual insular heading to the front road of the 1859 “Stoptoptoptoptoptoptop,” as the instrument of the same Gu, from the mutual insular heading of the Singu New Sin-si, Chungcheongnam-si to the 3.8km section of the same Gu.
Summary of Evidence
1. A suspect examination protocol and driver's license ledger of a motor vehicle;
1. Application of Acts and subordinate statutes to traffic accident reports, site photographs of accidents, and statement reports on the circumstances of driving in the main week;
1. Article 148-2 (2) 1, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);
1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is unfavorable to the reasons for the sentencing (a favorable consideration of the reasons for sentencing) - The degree of alcohol content in the blood of the defendant is high. - The defendant has been punished several times for the same kind of crime. The favorable circumstances - the defendant should take into account the circumstances that he committed the same kind of crime in 201 and did not receive any punishment until now.