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 this judgment becomes final and conclusive.

Punishment of the crime

On January 26, 2015, at around 00:35, the Defendant driven a B Mt Motor Vehicle without a driver’s license, while under the influence of alcohol concentration of approximately 0.191% at the 2km section of the scholarship construction machinery in front of the scholarship construction machinery located in the same Ri from the center of the Southern Chang-gun, Chungcheongnam-gu, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

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

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. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. Although the reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. had already been punished for the same kind of crime, the fact that the Defendant again committed the instant crime is a condition for sentencing unfavorable to the Defendant.

However, the sentencing conditions favorable to the defendant are considered as the sentencing conditions for the defendant, who has not been completely cured until now after suffering from the injury caused by traffic accidents that occurred in the course of driving without a license for drinking alcohol in this case. It is decided as per Disposition by taking into account all other sentencing conditions specified in the argument of this case.

It is so decided as per Disposition for the above reasons.