A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 12, 2014, around 11:00, the Defendant driven B Poter truck under the influence of alcohol concentration of 0.252% without a driver’s license until the front of the Hoak apartment located at 707-gil 27, as in the border water of the same Gu on the front of the Goak apartment located in the Gu-gu 39-gu, Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol and the results of the control of drinking driving;

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

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a training course is that the Defendant revoked his/her driver's license due to the crime of traffic accidents involving drunk driving in 2012 and was sentenced to a fine three times in 2012 and 2013, but he/she again was sentenced to a fine by driving without a license on three occasions in 2012 and 2013, and it is necessary to punish the Defendant with heavy and bad character of the crime.

However, considering favorable circumstances such as the fact that the defendant has no criminal record of the suspension of execution or more since 1995, the defendant appears to have continued driving while living in high water collection business, the defendant led to a crime from the police, and the defendant seems to support his mother, etc., the defendant shall be considered as having determined the sentence as ordered, and the execution of the sentence shall be suspended, taking into account the various circumstances, which form the sentencing conditions in the arguments and records of the instant case, based on the same kind of sentencing case as the prosecutor's old sentence (one year of imprisonment).