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

Punishment of the crime

On August 31, 2013, the Defendant, while under the influence of alcohol 0.108% from blood alcohol level around 21:30 on August 21, 2013, driven a 800-meter Category C rocketing car from the front side of the male village hall in ASEAN-si without obtaining a driver’s license, to the front side of the ASEAN-dong Seowon Apartment apartment at Asan-si without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes to the registry of driver's licenses, reports on detection of drivers, reports on the status of drivers, and reports;

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. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment shall be imposed on a person who commits a crime of violating the Road Traffic Act due to the influence of alcohol heavier than the punishment, but choice of imprisonment shall be imposed);

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is very poor in the sense that the defendant, who had been sentenced to a punishment twice for the same offense as the instant case, was sentenced to a suspended sentence, and was again driving a drinking or non-licensed license on a 50-day basis, and therefore, it is inevitable to sentence the Defendant on the grounds that it cannot be used for any reason.

However, it shall be determined in the same manner as the order in consideration of the fact that the defendant is fully aware of the facts of the crime and reflects the fact that the mistake is in depth.