A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On October 2, 2014, at around 00:28, the Defendant driven Dp-car without obtaining a driver’s license from the road located in the Busan East-gu, Busan to the front road of the 2km-2k-dong hot spring tunnel, which is located in the same hot spring 3-dong, and driving D-car under the influence of alcohol with a blood alcohol concentration of 0.096%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the Act and subordinate statutes to the ledger of vehicle driving licenses, report on circumstantial statements of model drivers;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Reasons for sentencing selective imprisonment with prison labor;

1. The scope of punishment: Not more than one year;

2. In light of the fact that the defendant was sentenced to a suspended sentence for the same kind of crime as the decision of the suspended sentence and was engaged in drinking during the period of the suspended sentence, it is necessary to strictly punish the defendant in light of the fact that he was evading a long-term attendance at the trial for the purpose of the suspended sentence.

However, it shall be decided as ordered in comprehensive consideration of the fact that the blood alcohol concentration is not high, the reflective fact, the age, character and conduct, environment, etc. of the defendant.