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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, without a driver’s license, driven a B Poter vehicle at the 10-meter section of approximately 100 meters from the Do in front of the Poter tree house located on the upper east-dong of Kimhae-si on August 1, 2017 to the 26-lane 543, Kimhae-si, Kimhae-si, while under the influence of alcohol content 0.215% in blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating driving of motor vehicles and the application of statutes to the ledger of driver's licenses;
1. Article 148-2 (2) 1, Article 44 (1), subparagraph 1 of Article 152 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. Imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The former sentence of imprisonment with prison labor for one year: Imprisonment with prison labor for one year/ suspended sentence, two years of participation, 40 hours in community service, and grounds for aggravation of 80 hours: High blood alcohol concentration, accumulated previous convictions for the same kind of crime (not later than two times of drinking and non-licensed driving fines) and other grounds for mitigation: Confession, etc.;