A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 15, 2012, at around 20:40, the Defendant driven Cone Star Motor Vehicle while under the influence of alcohol content of about 0.219% without a vehicle driver’s license, from approximately 4 km section, from around the road near the end of the Sin-Eup, Gyeong-gun, Chungcheongnam-do to the road in the Gyeongan-gun, Gyeongan-gun, Gyeongnam-gun, Gyeongnam-gun, to around 63-26.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the ledger of drinking drivers, a drinking-free driver’s license, a report on the circumstantial statements of drinking drivers, control details, and automatic driver’s license;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has not only six times (three times a fine and three times a suspended sentence of imprisonment) that the Defendant had been punished due to drunk driving, etc. prior to the date of the sentence, and in light of the fact that the Defendant was under the suspension period due to drunk driving, etc., but also was under the influence of alcohol concentration 0.219% while under the influence of alcohol concentration 0.219%, there is a need for strict punishment corresponding to the relevant criminal liability against the Defendant.

However, the punishment is additionally executed for 6 months for the crime of violation of the Road Traffic Act, etc., for which the execution of this case was postponed by the judgment of this case, taking into account all the circumstances that led to the crime in this case, including the circumstances and motive leading up to the crime, the circumstances after the crime, the defendant's age, character and behavior, family character, convenience at home, environment, occupation, etc., and the conditions of punishment as shown in the arguments and arguments, shall be determined as per the disposition.