A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On January 23, 2013, at around 21:42, the Defendant driven a vehicle of approximately 4 kilometers B km in front of the white stones located in the Seocho-gu administrative Ri in the same city in front of a cafeteria located in the same city where he was under the influence of 0.070% of blood alcohol concentration without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The reason for sentencing the alternative sentence of imprisonment is that the defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution at Suwon District Court on May 21, 2009 due to the violation of the Road Traffic Act, etc., and then again commits the instant crime even if he was punished two times of a fine due to the violation of the Road Traffic Act (unlicensed Driving) after being sentenced to 6 months of imprisonment and 2 years of suspended execution, which again led to the instant crime; the blood alcohol concentration in this case; the Defendant’s blood alcohol concentration is against the Defendant; and the sentence is determined as per the order