A defendant shall be punished by imprisonment for not more than ten 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 July 8, 2013: (a) around 23:20, the Defendant, without obtaining a driver’s license from the front of the parking lot for the “Sweging Sweging Sweging Sweging”, which is located in Seocheon-si, Seocheon-si, to the front of the same packing end, driving a C C motor vehicle with a blood alcohol concentration of 0.213 percent under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

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

1. Relevant statutory driving for a crime: Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same 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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 (Consideration of Reasons for Sentencing in the following Matters);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the circumstances described in the following reasons for sentencing);

1. On October 19, 2012, at the time of the instant crime, the Defendant was sentenced to a one-year sentence of imprisonment for a violation of the Fisheries Act from the Seogsan Branch of the Daejeon District Court on October 19, 2012, and was under probation period. In addition, even though the Defendant had had had been punished for drinking and driving without a license for more than five times, he again committed the instant crime.

In addition, as the blood alcohol concentration of the defendant is reasonable at the time, there was a serious accident that may cause harm to human life.

However, the defendant sells a vehicle, and again does not drive without obtaining a license or driving under the influence of alcohol, and reflects his mistake in depth, and even circumstances favorable to the defendant, such as that there was no damage to the body of a person due to a traffic accident occurred at the time of the crime of this case.