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 March 7, 2013, at around 17:30, the Defendant driven a B EX car under the influence of alcohol content of about 0.204% without obtaining a driver’s license from around 1k-meter section to the front road of the same Eup in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, a report on the status of running a motor vehicle under consideration, and a report on the status of the driver under consideration;

1. The application of Acts and subordinate statutes to the standing report on driving without a license, and driver's license inquiry;

1. Relevant provisions of Article 148-2 (1) 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 each sentence of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. In light of the fact that the Defendant, with the reason of sentencing Article 62-2 of the Social Service Order Criminal Act, committed the instant crime even though he/she had been sentenced to a fine due to two times of drinking driving or one time of refusing to measure alcohol, etc., the Defendant is not subject to such punishment.

However, the probation and community service order should be sentenced at once on the condition of probation and community service order, in consideration of various sentencing factors, such as the fact that the defendant is recognized to commit the crime and that the defendant has no criminal record exceeding the fine.