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

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

Punishment of the crime

On January 2, 2013, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act in the Changwon District Court's smuggling on January 2, 2013. On October 5, 2007, the Defendant was sentenced to imprisonment for 6 months with prison labor for the same crime, etc. at the Gangnam Branch Branch of the Chuncheon District Court on October 5, 2007.

On July 25, 2013, at around 20:54, the Defendant was under the influence of alcohol with 0.061% of blood alcohol concentration, without a vehicle driver’s license, driven a vehicle with approximately two kilometers of 2 kilometers B SPP from the front day of the Cheongpo-ri’s Cheongpo-ri to the front day of the same Cheongpo-ri’s Cheongpo-ri, to the front day of the same Cheongpo-ri.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Notice of the results of the drinking driving control, the license ledger, and the entry of the next red assistant; and

1. Previous records of judgment: Application of Acts and subordinate statutes listed in criminal records, inquiry reports and investigation reports (report on attachment of the same type of judgment);

1. Relevant provisions of Article 148-2 (1) 1, 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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend a lecture, despite the fact that a majority of the defendants were punished for drunk driving, the defendant has to drive under the influence of drinking without a driver's license, and such corresponding punishment shall

On the other hand, the defendant's blood alcohol concentration is not high, and the traffic accident was not occurred in the course of drinking driving.

The defendant reflects the crime of this case and does not drive again.