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

except that 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 September 11, 2012, at around 20:15, the Defendant driven a C-wing freight vehicle with approximately 75 meters of alcohol concentration at 0.224% under the influence of alcohol without a vehicle driver’s license when he/she was under the influence of 5 meters prior to the king He/sheed He/sheeded B-Ged B-Led road located in the same paragraph.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Relevant provisions of Article 148-2 (2) 1, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. In light of the circumstances such as the fact that the Defendant’s reason for sentencing under Article 62(1) of the Criminal Act, even though he/she had a history of criminal punishment on multiple occasions due to drinking driving, etc., driving without a license for drinking alcohol again, and that the blood alcohol concentration in the instant case is very high to 0.224%, the Defendant’s criminal liability is not easy.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant seems to be aware of and reflect on the crime of this case, the fact that the defendant has no record of being sentenced to a fine or heavier punishment, and the driving distance of the driverless license of this case is relatively short, etc., the punishment as ordered shall be determined by taking into account the circumstances favorable to the defendant, such as the defendant's age, character, conduct and environment,

It is so decided as per Disposition for the above reasons.