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A defendant shall be punished by imprisonment for four 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
The defendant is a person who is engaged in driving of B Poter cargo vehicles.
On September 7, 2015, the Defendant driven the said vehicle, without a driver’s license, from the Busan Dong-dong to the EL e-mail located in the same Gu-dong from the Busan Dong-dong to the e-mail of the same Gu, while under the influence of alcohol with 0.072% alcohol concentration during blood transfusion around 21:52.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Inquiries into the results of crackdown on driving under drinking, making a statement on the circumstances of the driver under driving under driving under the influence of alcohol, making a report on the situation of the driver under driving under driving under the statutes;
1. Article 148-2 (2) 3, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road 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 for a sentence (in consideration of the fact that there exists any past record of punishment three times due to driving under drinking);
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the amount of alcohol content in blood is not significantly high, the fact that there is no record of punishment exceeding a fine due to the same crime,
1. An order to attend a course under Article 62-2 of the Criminal Act;