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 of the final judgment.

Punishment of the crime

On May 15, 2014, at around 01:14, the Defendant driven BM5 car under the influence of alcohol without obtaining a driver’s license for approximately 1k section from the front of the salt mineral mountain located in the Songsung-gun, Gangwon-gu, Gangwon-do, to the 7 national highways located in the same Eup/Myeono, and without obtaining a driver’s license for blood alcohol content of about 0.215%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and a report on the state of drinking drivers;

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

1. Article 148-2 (2) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen (such as the fact that there are three previous years of the same kind and the fact that the blood alcohol concentration is considerably high);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that there is no previous offense exceeding the penalty of a fine, the fact that there is no previous offense after 2007, the confession and rebuttal);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;