A defendant shall be punished by imprisonment for six 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 June 4, 2013, the Defendant, while under the influence of alcohol 0.122% on blood alcohol level at around 20:20 on June 4, 2013, without a driver’s license, driven a car with approximately one kilometer B km from before and after the same Myeon and then before the road before the base for the protection of the protective base in which the death of the Ganjin-gun, Ulsan-gun, Seoul Special Metropolitan City was located.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police in relation to C and D;

1. Application of each of the traffic accident occurrence report, actual condition investigation report and field photographs, reports on detection of drivers, and the register of driver's licenses, or video-related Acts and subordinate statutes;

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. The reasons for sentencing in Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, has been driving a motor vehicle since the driver's license has not been remoteed so far, and even before the case, even though there was a history of punishment of three times of a fine (in the case of one time, including a drinking driving) due to a driving without a license, it was also causing an accident of collision of vehicles set up on the road while driving a motor vehicle while under the influence of alcohol.

In order to suppress the defendant from committing the same kind of crime repeatedly, it is necessary to sentence the defendant more severe punishment than the previous one.

However, the fact that the defendant has no record of being sentenced to the punishment heavier than the fine so far, and that the blood alcohol concentration is not very high, and the defendant is this.