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

[2012 Highest 6758] On December 10, 2012, the Defendant driven a E-car without obtaining a driver’s license around 21:58 on December 10, 2012. Under the influence of alcohol level 0.162% under the influence of alcohol level, the Defendant driven the E-car from the e-car to the roads in front of the Health Insurance Review Agency in the same Dong.

[2013Kadan855] On January 20, 2013, the Defendant driven an eFIst car from approximately 500 meters to the front day of the station in the Nam-gu Namdong in Gwangju, Nam-gu to the front day of the charge station in the same Gu, while under the influence of alcohol level of 0.062% without obtaining a driver’s license on January 20, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of each host driver;

1. Application of Acts and subordinate statutes to the inquiry ledger of driver's licenses and driver's license;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of a drunk driving on December 10, 2012), Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act (the point of a drunk driving on January 20, 2013) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (any violation of the Road Traffic Act of the same date and any violation of the Road Traffic Act) of the ordinary concurrent crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc. was that the Defendant had been driving without a license in the state of drinking over two times. In particular, even if the Defendant was under trial on December 10, 2012 due to drinking, driving without a license, repeated driving on January 20, 2013. Furthermore, the Defendant committed each of the instant crimes on three occasions, such as the Defendant’s refusal to take a alcohol test, and non-licensed driving.