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.

Punishment of the crime

On November 15, 2012, the defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act at the Daejeon District Court on November 15, 2012, and on the 23th of the same month, the same records of punishment are more than three times than those of which judgment has become final and conclusive.

On November 15, 2012, the Defendant driven a cchip vehicle on the side of the New Village-distance to the ordinary Public Security Center at approximately two meters away from the new village-distance, while under the influence of alcohol by 0.071% of the blood alcohol concentration without obtaining a driver's license at around 01:40, the Defendant driven a cchip vehicle at the speed of about 0.071 meters.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of transport drivers and a circumstantial report on the drivers;

1. Registers of driver's licenses;

1. Previous records: References to criminal records, references to criminal records, previous records of disposition and reports on confirmation, and application of Acts and subordinate statutes to investigation reports (former records and attachment of judgment);

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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 latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 62-2(1) of the Act on Probation, etc. is deemed to have driven a vehicle under the influence of alcohol concentration of 0.071% without a driver’s license, and is highly harmful to the safety of road traffic, and the defendant has already been punished three times as a crime of violation of the Road Traffic Act prior to the crime of this case.