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 this judgment becomes final and conclusive.

Punishment of the crime

On October 13, 2013, at around 18:18, 2013, the Defendant driven approximately 600 meters away from the front side of C’s house in Seocheon-gun, Chungcheongnam-gun to the front side of D’s house in the same Ri, without a vehicle driver’s license, while under the influence of alcohol of about 0.170% of the blood alcohol concentration, the Defendant driven a e-wing 3 passenger vehicle in the condition of alcohol concentration without a vehicle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of drinking drivers and the results of the control of drinking driving;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

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 extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a meeting, is that the Defendant had already been punished on several occasions due to drunk driving orless driving, and was engaged in the crime of driving without a license. In particular, even though the Defendant was sentenced to a fine on December 24, 201 and was sentenced to a fine on October 13, 201, the Defendant committed the crime of driving without a license under the influence of alcohol in this case on October 13, 2013. In light of the fact that the Defendant had committed the crime of driving without a license under the influence of alcohol in this case on October 13, 2013, and the blood alcohol concentration at the time of the instant crime, and the blood alcohol concentration at the time of the instant crime, were considerably higher than 0.170%, it is necessary to punish the Defendant with strict punishment corresponding to his/her legal attitude.

However, it seems that the defendant recognized the crime of this case and is against the truth, there is no previous conviction or sentence that exceeds the fine, the distance of driving at the time of the crime of this case is relatively short, and the accident is caused by driving without a license for drinking of this case.