A defendant shall be punished by imprisonment for six 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 September 6, 2009, at around 22:03, the Defendant driven a B body-man car under the influence of alcohol content of 0.078% without obtaining a driver’s license at a section of about 300 meters from the front of the Cheongong-ri restaurant located in the Cheongbu-ri, Cheongdong-gu, Chungcheongnamdong-gu, Seoul Metropolitan City, to the front of the Cheongong-ri road located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

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

1. Subparagraph 1 of Article 150 and Article 44(1) of the former Road Traffic Act (amended by Act No. 9580 of Apr. 1, 2009; hereinafter the same shall apply), Article 152 Subparag. 1 and Article 43 of the former Road Traffic Act (amended by Act No. 9580 of Apr. 1, 2009);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Although the sentencing of Article 62-2 of the Criminal Act is limited to the defendant's responsibility for the reasons of sentencing under Article 62-2 of the Criminal Act, considering the fact that the defendant's serious reflects and does not reach recidivism, the defendant's age, occupation, family relationship, criminal punishment power, etc., the punishment as ordered shall be determined by taking into account all the normal data shown in the trial process.