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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
On October 14:30 on October 201, 2014, the Defendant driven a car with Cnuba with a blood alcohol concentration of about 0.259% under the influence of alcohol without obtaining a driver’s license in approximately 8km section from the front side of the Southern-gu Seoul Metropolitan City, Chungcheongnam-gu, Seoul Metropolitan City to the side of the Namyang apartment located in approximately 6km-gu, Seoul Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes to the Me1 driver license ledger;
1. Relevant provisions of Article 148-2 (2) 1, 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 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal reference in favor of the accused among the reasons for sentencing below);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service and lecture attendance order is that the defendant has already been punished for the same kind of crime, but the circumstances and nature of the crime of this case are not less than that of the crime of this case. However, if the defendant confessions the crime of this case and seriously reflects the crime of this case, there is no previous conviction exceeding fines due to the same kind of crime, and all sentencing materials recorded in the records of this case such as the defendant's health condition and family environment, etc. shall be taken into account.