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A defendant shall be punished by imprisonment with prison labor for four 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, at around 23:15, the Defendant driven Bone Star Co., Ltd under the influence of alcohol leveling 0.090%, without obtaining a driver’s license, from around the road in front of the community service center located in Dong-si, Dong-si to about 100 meters in front of the four main roads in the same Dong-si.
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 the ledger of driver's licenses;
1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative imprisonment with prison labor (in consideration of the fact that there are several criminal records of the same kind of crime);
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the fact that his/her mistake is reflected in recognizing his/her mistake and that the blood alcohol concentration is not relatively high);
1. An order to attend a course under Article 62-2 of the Criminal Act;