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 of the final judgment.

Punishment of the crime

On August 8, 2014, the Defendant, without obtaining a driver’s license at around 17:51 on August 17, 2014, driven a small-scale car under the influence of alcohol 0.233% in a section of approximately 200 meters from the front of the small park located in Mamsan-dong, Kim Jong-si to the front of the terminal distance located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

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

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

1. Although the reasons for sentencing under Article 62-2 of the Criminal Act for community service and lecture attendance order had the record of being punished four times due to drinking driving, if it is deemed that the defendant again committed the crime of this case, the circumstances and the nature of the crime of this case are not less than that of the crime of this case. However, the defendant's confession and seriously reflects the crime of this case, the defendant does not have any criminal records exceeding fines due to the same crime, the defendant's family environment and the defendant's disposal of the vehicle of this case to avoid drinking or non-driving again, etc., shall be determined the same sentence as the order, taking into consideration the sentencing data as shown in the records of this case.