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

At around 21:00 on September 16, 2012, the Defendant driven a BHabban car with approximately 10m alcohol concentration of 0.213% under the influence of alcohol without obtaining a driver’s license on the road in the 485-10-ho-dong, Chungcheongnam-gu, Chungcheongnam-si.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The written statement of the defendant;

1. Investigation reports, investigation reports (report on the circumstances of driving without a license), reports on driving under the influence of alcohol, inquiry into the results of crackdown on driving under the influence of alcohol, inquiry into the driver's license, inquiry into the request for appraisal, report on detection of a drinking driver, application of statutes to the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 62-2(1) of the Act on the Probation, etc., is deemed to have driven a vehicle under the influence of alcohol or without a license, and driving under the influence of alcohol is dangerous crime that may lead to a serious accident that may lead to the life of another. As the recent revision of the Road Traffic Act, the punishment for the act of drinking alcohol has been greatly strengthened, and the defendant's blood alcohol concentration at the time of this case has already been 0.213%, and the defendant has already committed the crime of this case in the same kind, even though he had the history of punishment for a fine twice or once due to a drunk driving, it is necessary to strictly punish the defendant.

However, the defendant drives a vehicle without a drinking or non-license.