On August 21, 2012, at around 03:10, the Defendant driven a car in B column with approximately 300 meters high alcohol level 0.191% under the influence of alcohol level 0.191%, without obtaining a driver’s license on the road from the front day of 346-1, Yacheon-gu, Busan Metropolitan City to the front day of 346-23, the same time.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Each host driver report;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to a written request for appraisal (a written report on blood alcohol content attached thereto);

1. Relevant provisions of Article 148-2 (2) 2, 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. 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant was sentenced to one year of suspended sentence for six months on May 18, 2012 due to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and committed the instant crime only for three months and three months after he was sentenced to one year of suspended sentence, and that the blood alcohol alcohol level is very high as 0.191% and the vehicle parked has been shocked, there is a great need for strict punishment.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant is against mistake and the suspended sentence that has been previously sentenced can be invalidated if the judgment of this case becomes final and conclusive, the punishment as ordered shall be determined in light of the defendant's age, character and behavior, environment, circumstances of the crime, means and consequence, and all other circumstances constituting the conditions of sentencing, such as the circumstances after the crime, etc.