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A defendant shall be punished by imprisonment for six months.
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
1. On September 21, 2015, the Defendant driving a B Poter vehicle without a driver’s license in approximately 2 km section from the 15-lane, 573, south-west, west-west, west-gu, Gyeonggi-gu, Seoul, to the Switzerland fee parking lot located in 1363 (Scar-free shop) as Seoul Gangdong-gu, Gangdong-gu.
2. On September 21, 2015, the Defendant was driving a vehicle with alcohol content of about 0.268% in the blood at a fee parking lot for the off-road commercial building around September 23:53, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. A report on the detection of a primary driver;
1. The driver's license ledger;
1. Application of statutes on the site and vehicle photographs;
1. Relevant Article of the Act and Articles 148-2 (2) 1, 44 (1) (in cases of drinking) of the Road Traffic Act, Article 152 subparagraph 1, 43 (in cases of driving without a license) of the Road Traffic Act and the selection of imprisonment for each crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Suspension of execution under Article 62 (1) of the Criminal Act (including the following circumstances: (a) the defendant has been punished three times by a fine due to a violation of traffic laws on roads; (b) the degree of alcohol concentration in the blood of this case is very high; (c) the confession and reflect are made by the defendant; (d) there is no previous conviction exceeding a fine; and (e) the distance of driving under the influence of alcohol is extremely short);
1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;