A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 30, 2013, at around 10:43, the Defendant driven CCA110 Oralba at a section of about 700 meters prior to the entrance of the 3st village of the miscarriage site, in the same time from Echeon-si B, the Defendant’s residence, under the influence of alcohol of 0.260% of alcohol level without a motorcycle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. On-site and vehicle photographs;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to blood appraisal reports;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 2 of Article 154 and Article 43 of the same 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 201Hun-Ga48, Oct. 20, 201) is that: (a) the blood alcohol concentration of the instant case is high; (b) the Defendant was sentenced to imprisonment with prison labor and a suspended sentence due to drunk driving; and (c) the Defendant was sentenced to two years for a suspended sentence of imprisonment with prison labor for a drunk driving on October 12, 201; and (d) the judgment became final and conclusive on October 20, 201 in light of the fact that the Defendant committed the instant crime immediately after the period of the suspended sentence expires; and (b) the possibility of recidivism is high; and (c) thus, it seems that the Defendant was seriously against the Defendant and the Defendant was sentenced to a short-term or a suspended sentence.