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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 5, 2016, around 00:40, the Defendant driven a C-learning car under the influence of alcohol of about 0.176% in alcohol without obtaining a driver's license from the 4km section of approximately 51 km from the village of Gangseo-gu Seoul, Gangseo-gu, Seoul, to the 94rd Road.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to a certificate of drinking alcohol measurement, report on the situation of a driver driving, ledger of driver's license, and report on the actual condition of traffic accidents;
1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, the selection of imprisonment for each sentence;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing 0-2 of Article 62-2 of the Criminal Act: The fact that there is no previous conviction exceeding a fine: The fact that there is no previous conviction or drinking in excess of a fine: The traffic accident causes the occurrence of a traffic accident, the fact that the amount of alcohol concentration in blood is relatively high, and the fact that there is an enemy punished by a fine twice due to drinking driving; and
The sentencing conditions specified in the arguments, such as the defendant's age, sexual conduct, family environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by the court.