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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 this judgment became final and conclusive.
Reasons
Punishment of the crime
On May 8, 2013, at around 21:30, the Defendant driven B Mt Motor Vehicle under the influence of alcohol concentration of about 0.218% without a vehicle driver's license from around 2km apartment road in Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, and then driving B Mt Motor Vehicle in the influence of alcohol concentration of about 0.218%, from around 2km to the front road of the above father Young-gun apartment.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Statement to C by the police;
1. The circumstantial statement of the employee;
1. A report on detection of a host driver;
1. Application of the statutes on the register of driver's licenses;
1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;