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.

Criminal facts

The Defendant was under the influence of alcohol with 0.075% of blood alcohol content without obtaining a driver’s license, and was driving B in the section of approximately 100 meters of 10 meters from the Rabadong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si on February 10, 2014.

Summary of Evidence

1. Statement by the defendant in court;

2. The application of Acts and subordinate statutes to inquiry into the results of the drinking driving control and driver's license inquiry;

1. Relevant Article 148-2 (2) 3 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime and Articles 152 subparagraph 1 and 43 of the Road Traffic Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of imprisonment with prison labor chosen;

4. Article 62 (1) of the Criminal Act;

5. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant committed the instant crime despite the past record of having been punished as a crime of violating the Road Traffic Act (recovering to measure the noise level); (b) the drinking driving is likely to cause serious human and physical harm; and (c) the offense is bad and bad.

On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant recognizes and reflects all the facts charged in the instant case, and that there is a family member to support such as the aged three children.

Furthermore, the sentencing data, such as the age, character and behavior, and environment of the defendant, were considered equally.